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TERMS AND CONDITIONS

This document limits our liability, your use of the product or service constitutes your acceptance of the following terms and conditions.

A summary of these terms and conditions is listed below, for Your convenience only. Please review the full terms and conditions before using any of CovertTracks’ Products & Services.

This Agreement (as amended or modified from time to time, the "Agreement") is by and between CovertTrack Group Inc., its subsidiaries, affiliates, partners, licensees, and authorized agents/distributors (collectively hereinafter "CovertTrack", “our”, or “we”) and you, the entity you represent, and your respective agents, successors and assigns ("You", “Your” or “Customer”), and is made effective as of the date of Your product usage, product purchase, services usage, or electronic execution of this Agreement. This Agreement sets forth the terms and conditions of your use of any and all products, devices, software, and services purchased from or otherwise provided by CovertTrack (hereinafter collectively referred to as “Products & Services,” when applicable), and explains CovertTrack’s obligations to You and Your obligations to CovertTrack in relation to the Products & Services that You use or purchase. When “Products” is used in lieu of “Products & Services,” CovertTrack intends that the reference pertains to a device only, not software or services.

By agreeing to CovertTrack’s Terms and Conditions, you acknowledge that you have read these terms and conditions and that you understand and agree to be bound by them. You further agree to be bound by any other terms and conditions integrated into this Agreement by reference, as well as any new, different or additional terms, conditions or policies which CovertTrack may establish from time to time. This Agreement, as updated from time to time, is available online on CovertTrack’s website, https://www.coverttrack.com/publick/terms/aspx

Questions? Call 480.657.9545 for Customer Service or Technical Support.

Summary of Terms & Conditions

  1. We may modify this Agreement. Your continued use means you consent.
  2. Requests initiated by Customer for refunds (or proration) due to early termination of a Service Plan, are handled on a case by case basis. CovertTrack may in its sole discretion determine if a refund is allowable and the appropriate refund amount. Monthly service fees are determined by the contract term. Shortening the contract term will increase the monthly fee. There are no refunds for services already used, for services terminated due to an illegal use of Products & Services, or arising out of a breach of contract.
  3. We are not bound by promises of others. General statements made elsewhere shall not supersede the statements made herein.
  4. You must read all WARNINGS and NOTICES before using Our Products & Services.
  5. You are solely responsible for device maintenance, which should be performed annually by a CovertTrack technician. You should not replace any batteries on your own. Only a CovertTrack technician is authorized to replace batteries.
  6. We are not responsible for interruptions in services or loss of information or data, no matter how it was caused.
  7. You must obey all Federal and State laws at all times when using Products & Services.
  8. Do not modify any device. This includes removing the SIM card.
  9. You must keep your password secure.
  10. Failure to keep Your contact and payment information updated may cause service interruption and/or result in additional fees.
  11. You must pay Your bill/contract on time.
  12. Contracts automatically renew unless cancelled, in writing, ten (10) business days before the end of your billing cycle.
  13. Your billing cycle begins on the date you signed a contract or the 28th of the month, whichever is sooner.
  14. Your authorization for auto payments remains in effect until cancelled.
  15. Late payments will be charged 1.5% per month. Returned checks will result in a $25 fee.
  16. We will not sell your Customer information.
  17. We may release Your information and/or data upon a valid request from law enforcement or in response to a subpoena.
  18. Disputes will be handled through binding arbitration in Phoenix, Arizona.
  19. Jurisdiction, Choice of Laws, and Venue shall be in Maricopa County, Arizona.
  20. You maintain responsibility for the accuracy of the information obtained through the use of Our Products & Services.
  21. See CovertTrack’s Limited Warranty. There are no other warranties.
  22. We are not liable for damages caused by You. You agree to hold harmless and indemnify Us for injuries or losses arising out of Your use or misuse, directly or indirectly, of Our Products & Services.
  23. Protect Yourself from viruses and data loss. We are not responsible for damages or losses due to use or misuse of Our Products & Services.
  24. We rely on third party services to provide You with Products & Services. We cannot guarantee another’s product or service. You are aware that loss of signal may occur causing Our Products & Services to become inoperable and/or cause You to lose data and You agree to hold Us harmless from any claims accruing from such loss.
  25. The maximum amount you may recover for any loss is $1,500 or twelve (12) times the cost of one month of service, whichever is greater.
  26. By using Our Products & Services, or by clicking on the “ACCEPT” or “Sign Up Now” button when creating a new account, You agree to and accept ALL of the terms and conditions stated herein and acknowledge that you have read and understand them.

GENERAL TERMS APPLICABLE TO ALL PRODUCTS, RELATED SOFTWARE AND/OR SERVICES

1. TERMS OF USE.

CovertTrack reserves the right to modify this Agreement and its related Services from time to time. Your continued use of the Products & Services constitutes your acceptance and agreement to be bound by any such modifications. Requests initiated by Customer for refunds (or proration) due to early termination of a Service Plan, are handled on a case by case basis. CovertTrack may in its sole discretion determine if a refund is allowable and the appropriate refund amount. Monthly service fees are determined by the contract term. Shortening the contract term will increase the monthly fee. There are no refunds for services already used, for services terminated due to an illegal use of Products & Services, or arising out of a breach of contract..

You agree that CovertTrack shall not be bound by any representations made by third parties whose products, software or services are used in conjunction with CovertTrack Products & Services. Any statement of a general nature, which may be posted on CovertTrack’s Web site or contained in CovertTrack’s promotional materials, will not bind CovertTrack. CovertTrack may, at times, offer certain promotions with different charges and features. Such promotions may be discontinued at any time, without prior notice.

2. ACKNOWLEDGMENT OF WARNINGS AND INSTRUCTIONS.

By using CovertTrack Products & Services You are agreeing that You have read and understand all related warnings, instructions and notices provided therewith or contained in this Agreement. Additionally, in the event You did not see the warnings, instructions and notices included with the Products & Services, You agree that You have reviewed and understood the warnings available on the CovertTrack Website for the Products & Services you are using. Further, You have provided access and/or discussed those warnings and instructions with any parties to whom You have provided access to or use of the Products & Services. CovertTrack disclaims any liability for Your failure to read or follow warnings, instructions and notices.

Batteries Replacement Warning:

Because tracking devices can be subject to extreme temperatures, water, vibration & shock during use, it is critical for battery safety, warranty, and operational purposes that the devices are inspected, serviced, and their batteries are replaced on an annual basis by the manufacturer. Please contact us at 480-661-1916, or at admin@gpsintel.com, to make arrangements for maintenance and battery replacement.

Do not replace batteries in your tracking devices. Only CovertTrack technicians may replace Your device’s batteries. Failure to follow the above warnings may result in fire, explosion, injury or death and may void any warranty. CovertTrack is not responsible for maintaining or inspecting the Products, including batteries replacement, and will not initiate such inspections unless and until requested by You. Inspections are provided free of charge by CovertTrack, however, You are responsible for any shipping costs and for contacting CovertTrack in advance for details related to sending in Products for inspection. You are solely responsible for Product maintenance and ensuring Products are sent in for inspection on a timely basis.

The free portion of the service includes, and is limited to: visually & electronically inspecting the device for any damage or maintenance issues, replacing any worn or broken seals, upgrading firmware to the most recent version, testing the device to ensure it is tracking properly. The service is provided as a customer courtesy, and does not act as an additional guaranty or warranty for the device. These terms and conditions may be changed without any notice or obligation to the customer at any time by the manufacturer and additional terms or conditions may apply.

3. TERMS OF USAGE & SERVICE.

Subject to the terms and conditions of this Agreement, CovertTrack shall attempt to provide, but cannot guarantee, GPS Related Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer understands and agrees that CovertTrack DOES NOT ACCEPT ANY LIABILITY for temporary interruptions affecting Products & Services or for access outages. Customer understands and accepts that from time to time, without notice, the services may be inaccessible or Products may be inoperable for a variety of reasons, many of which may be outside of CovertTrack’s control, including, without limitation: (i) Product damage or malfunctions; (ii) periodic maintenance procedures or initiated by which CovertTrack or third-party service provider may undertake; or (iii) causes beyond the control of CovertTrack or which are not reasonably foreseeable by CovertTrack, including, without limitation to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures, and You shall not be entitled to any offset, proration, discount, refund or other credit.

Customer agrees and understands that CovertTrack has no control over the continuous or uninterrupted availability of tracking services. Any break in service known to CovertTrack will be communicated to the Customer as soon as possible, but no guarantees are made that such a notice will be received by You. .

In the event that a scheduled interruption is necessary, CovertTrack will notify the Customer with as much advance notice as possible.

In the event that a break in service or problem with product functioning occurs due to forces beyond CovertTrack’s control, CovertTrack will attempt to notify Customers using reasonable means (such as posting information on CovertTrack’s Website) and will make efforts to re-establish service. CovertTrack cannot guarantee that services will be re-established in a timely manner. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God or any other cause beyond the control of either party, that party shall be excused from any obligation to the extent that the party was prevented, hindered or delayed by such cause.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of CovertTrack’s Products & Services, You agree not to use them for any unlawful purpose or in any manner prohibited by these terms and conditions. You agree to comply with all local, state, federal and international laws, as well as all government rules or requirements applicable to the purchase, transfer, or use of CovertTrack’s Products & Services. You will not be entitled to a refund of any amount paid to CovertTrack due to CovertTrack’s decision to take corrective action in order to rectify Your improper or illegal use of its Products & Services. CovertTrack reserves the right at all times to disclose any information as CovertTrack deems necessary to satisfy any applicable law, regulation, legal process or governmental request. CovertTrack reserves the right at all times to edit, refuse to post, or to remove any information or materials, in whole or in part, in CovertTrack's sole discretion. You agree that your information and tracking records may be released to any law enforcement officer or agency requesting information as part of an active investigation regarding Your possession or use of CovertTrack’s Products and Services without a Subpoena or Warrant..

If You have purchased Products & Services, CovertTrack has no obligation to monitor Your use of the Products & Services. CovertTrack reserves the right to review Your use of the Products & Services and to cancel the Products & Services in its sole discretion. CovertTrack reserves the right to terminate Your access to the Products & Services at any time, without notice, with the limitation on your damages being a refund for unused Products & Services. All refunds are subject to the terms stated in Section 1: Terms of Use, above.

CovertTrack reserves the right to terminate Products & Services if Your usage of the Products & Services results in, or is the subject of, legal action or threatened legal action, against CovertTrack or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be meritless. CovertTrack may review every account for excessive storage space and/or bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Customer agrees to be solely responsible for obtaining proper authorization/consent to track person(s), vehicles, or assets and agrees to abide by all state and federal laws concerning the use of tracking devices. Customer agrees to indemnify and hold CovertTrack, and its subcontractors, Members, Officers and Employees harmless from any and all costs and expenses regarding any claim(s) arising from unauthorized tracking or other use of the Products & Services purchased or controlled by Customer. Customer is urged to seek independent legal advice to ensure that Customer knows the applicable laws regarding the possession, use, and transfer of tracking devices. Laws can vary from State to State, and Country to Country, regarding the permitted use of CovertTrack’s Products and Services.

WARNING: VEHICLES TEND TO MOVE IN UNEXPECTED WAYS. YOUR USE OF COVERTTRACK’S PRODUCTS AND SERVICES MAY BE LAWFUL IN ONE JURISDICTION, BUT ILLEGAL IN ANOTHER JURISDICTION. IF A VEHICLE CROSSES JURISDICTIONAL LINES, YOUR USE MAY SUDDENLY BECOME ILLEGAL.

5. NO MODIFICATION OF PRODUCTS OR SOFTWARE

Customer agrees not to remove or alter any equipment or software provided by CovertTrack including removal of the SIM card from the tracking device. Customer will be billed, and agrees to be responsible for, any and all charges associated with the use of Customer’s SIM card, including charges resulting in an alteration of the SIM card, as well as charges related to the use of the SIM card with another device (i.e., using it with a device other than the one registered with the CovertTrack Website)..

6. ACCOUNT SECURITY.

You are responsible for maintaining the confidentiality of Your customer number/login, password and any related information. You agree to be solely responsible for any and all activities that occur under Your account. You agree to notify CovertTrack immediately of any unauthorized use of Your account or any other breach of security relating to your possession, use, or transfer of CovertTrack’s Products and Services. You agree that to the extent permitted by law, CovertTrack will not be liable for any loss that You may incur as a result of someone else using Your account access information, either with or without Your knowledge. You further agree You will be responsible for losses incurred by CovertTrack due to someone else using Your account access information.

For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your account access information. CovertTrack specifically disclaims liability for any of Your account activity, whether authorized by You or not.

7. ACCURATE INFORMATION.

You agree and represent that You have provided, and at all relevant times will provide, CovertTrack with accurate and complete information and that You will notify CovertTrack within five (5) business days of any changes to the information You provided as part of the application and/or registration process. Failure by You, for whatever reason, to comply with the foregoing obligation or to respond within five (5) business days to any written inquiries made by CovertTrack to determine the accuracy of information provided by You will constitute a material breach of this Agreement.

You agree that CovertTrack may use and rely on any information provided by You for any purpose in connection with Your use of the Products and Services, subject to CovertTrack’s Privacy Policy (See Section 9, below). If You provide any information that is false, misleading or incomplete, or if CovertTrack has reasonable grounds to suspect that Your information is misleading or incomplete, CovertTrack has the right, in its sole discretion, to terminate its Products & Services and close Your account. You agree to indemnify and hold CovertTrack harmless from and against any damage, loss or expense incurred by CovertTrack as a result of your breach of the foregoing obligations. Further, CovertTrack may investigate any account, without notice, in order to respond to credit card disputes or inquiries from law enforcement.

8. FEES AND PAYMENT.

As consideration for the Products & Services purchased by and provided to You by CovertTrack, You agree to pay CovertTrack in accordance with this Agreement and your services plan that you selected (“Service Plan”). Your Service Plan will specify the initial contract term, the monthly fee, the Products and Services covered, and other payment and terms of service. Upon expiration of the initial term, Your contract will be renewed and continue on a month-to-month basis. Prior to the expiration of the initial term, We will send You an estimate for an additional term. If You do not cancel a Service Plan by sending a timely cancellation notice, the invoiced term will begin and your payment authorization on file will be used to complete payment.If Your cancellation notice is not received before the end of Your current term, we reserve the right to renew or terminate the Service Plan.

YOU UNDERSTAND THAT COVERTTRACK EQUIPMENT AND DEVICES MAY NOT WORK IN COMBINATION WITH OTHER SOFTWARE OTHER THAN OUR SERVICES.

If You do not receive an invoice, the Service Plan will be automatically renewed and you will be billed on a month-to-month basis until you send to us a cancellation notice as set forth herein. Cancellation notices must be received at least ten (10) days prior to the end of the monthly billing cycle or the end of the current Service Plan commitment in order to prevent you from being charged for an additional month of service.

Email cancellation notices must be sent to cancel@coverttrack.com, and written cancellation notices must be sent to CovertTrack Group, Inc., 15600 N 78th St., Scottsdale, Arizona 85260. All cancellation notices must include the email address and tracking device serial number that is associated with the Service Plan you wish to cancel. Unless otherwise agreed in writing, all fees for the initial and any renewal contract term are due prior to the beginning of the service term and are subject to the refund policy stated in Section 1: Terms of Use, above. If Your Services are suspended, terminated, or transferred prior to the end of the service term as a result of Your breach of, or otherwise pursuant to, this Agreement, You are not entitled to a refund. CovertTrack expressly reserves the right to modify pricing for any renewal term through email notification or by posting to its Web site at least thirty (30) days prior to the pricing change.

Payment may be made by You through your valid credit card, debit card, through an ACH transfer (collectively, electronic funds transfer, hereinafter “EFT”), or with an online check or personal check.

Payment Authorization. You hereby authorize, and agree to the following terms for any EFT charges:

1. You authorize CovertTrack, on the scheduled payment dates, to initiate an EFT from Your account, or any successor or replacement account, for any and all amounts due under this Agreement and Your Service Plan. If Your card or account expires or the account(s) on file are no longer valid, You agree to notify CovertTrack promptly of Your new card or account information.

2. Your authorization will remain in effect until cancelled by CovertTrack, or by You. You may amend or cancel your EFT authorization by providing notice to CovertTrack at cancel@coverttrack.com and specifying the alternate manner of payment or cancellation terms (i.e., date of cancellation). Even after Your notice of cancellation, You authorize CovertTrack to receive payment from Your account (i.e., continue EFT) for any balance owed under this Agreement and/or Your Service Plan until paid in full.

3. For EFT charges only, You understand that if any monthly charge to Your account is more than three times the average monthly charge amount over the last twelve (12) months, CovertTrack will notify You at least ten (10) days in advance of the EFT. You may request that CovertTrack notify You before every EFT.

4. If Your EFT is rejected or returned unpaid for any reason, You authorize CovertTrack to resubmit it for payment one time. If amounts You owe to CovertTrack are not paid because an EFT does not go through for any reason, Your failure to pay those amounts may result in the suspension or termination of services.

5. You may stop any EFT by notifying CovertTrack at least five (5) business days before the scheduled date of the transfer.

All non-sufficient funds ("NSF") checks will result in a $25.00 NSF fee, which will be due and payable to CovertTrack within 30 days after the NSF notice was issued by Your bank.

Unless otherwise agreed in writing, You will be billed in advance for the initial contract term of Your Service Plan and any renewed or additional contracts (hereinafter collectively, Contract Term). Pro-ration or refunds for cancellations before the end of the Contract Term will be determined in accordance with Section 1: Terms of Use, above. Monthly service fees are determined by the contract term, shortening the contract term will increase the monthly fee. There are no refunds for services already used. Once an account is established, billing is performed ten (10) days before the beginning of the next service period, unless paid in advance. Cancellation requests must be received by CovertTrack at least ten (10) days prior to the beginning of the billing cycle to prevent You from being charged for an additional month of services. (See Cancellation procedure, above.)

If You agreed to a monthly payment plan or Your Service Plan has converted to a monthly payment plan after your initial Contract Term, Your monthly billing date will be determined based on the day of the month You purchased the Service Plan unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month.

If You agreed to a monthly payment plan or Your Service Plan has converted to a monthly payment plan after your initial Contract Term, Your monthly billing date will be determined based on the day of the month You purchased the Service Plan unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month.

Customer’s failure to pay any fees when due shall be considered a material breach of this Agreement, and CovertTrack may, in addition to any rights available to it at law or in equity, do any or all of the following: (i) assess late charges of one and one-half percent (1.5%) per month or the maximum allowable under the law, whichever is less, (ii) suspend performance of services and terminate the Agreement without penalty; or (iii) require advance payments for all future services. Suspension or termination of services will not relieve Customer from paying past due fees plus late charges. In the event collection efforts are necessary, Customer shall be liable for any of CovertTrack’s actual costs as a result of such collection, including but not limited to, legal costs, attorneys’ fees, court costs, and collection agency fees. Upon Customer account suspension for non-payment, Customer will be charged a re-activation fee after all past due balances have been settled if Customer wishes to resume the Services Plan.

9. PRIVACY POLICY

To serve You as a customer, we will collect Your information such as name, street address, email address, and phone number. We collect this information in person, by telephone, by mail, e-mail or on our Web site through your use of CovertTrack’s Products & Services. CovertTrack will not sell or provide this information to any third party without Your consent with the exception of a valid request from law enforcement agencies or in response to a valid subpoena or court order. However, Customer understands that privacy cannot be guaranteed on telephone, cable, or computer systems, and Customer agrees that CovertTrack is not liable to Customer for any claims, losses, damages or costs incurred as a result of CovertTrack’s dissemination of Customer’s private information, whether intentional or accidental. Customer consents to permit CovertTrack to use Customer data obtained by CovertTrack from any source (hereinafter, Customer Data) to administer Services, offer new products or services, enforce the terms of this Agreement, prevent fraud, or respond to regulatory and/or legal requirements. Customer agrees that CovertTrack may contact Customer by telephone, facsimile, e-mail, or other internet facilities with respect to the Products & Services provided under this Agreement, as well as in relation to new offerings of Products & Services that CovertTrack may make available in the future. Customer further understands and agrees that in conjunction with employee training, quality control and the provision of Products & Services, CovertTrack may monitor and/or record video and audio related to Customer Data, as well as monitor and/or record conversations with Customer, Customer’s employees, agents, emergency services providers, and law enforcement personnel.

10. SURVIVAL

Sections 11, 12, 13, 14, and 15 shall survive any termination or cancellation of this Agreement.

11. DISPUTES/ARBITRATION/JURISDICTION/VENUE

Any claim, controversy or dispute that arises between the parties, their agents, employees, officers, directors or affiliates (hereinafter collectively, “Dispute”) that the parties are unable to settle through informal negotiation shall be mediated under the Commercial Mediation Rules of the American Arbitration Association (“AAA”) by a mutually acceptable mediator. Any Dispute that cannot be resolved through negotiation or mediation shall then be resolved by binding arbitration. The arbitrator will be selected in accordance with AAA procedures from a list of qualified arbitrators maintained by the AAA, who will conduct the arbitration in accordance with the rules of the AAA then in effect, except as otherwise provided in this Agreement. Any arbitration will be conducted in Phoenix, Arizona and all expedited procedures prescribed by the AAA rules will apply. The arbitrator’s decision and award will be final, conclusive and binding, and judgment may be entered upon the decision and award in accordance with applicable law in any court having jurisdiction thereof. If a claim, at law or in equity, is filed in a civil court, CovertTrack and You agree that the proper venue shall be in Maricopa County, Arizona, that such a court shall have jurisdiction over the parties and claims arising out of a dispute relating to this Agreement, and that Arizona law shall apply.

12.DISCLAIMER OF WARRANTIES/DATA RECOVERY CHARGE

You agree that You are solely responsible for (and You grant CovertTrack a disclaimer of all responsibility or liability as it relates to) the accuracy, content, completeness, legality, reliability, operability or availability of information or material obtained through the use of the Products & Services. You also agree that You are solely responsible for (and You grant CovertTrack a disclaimer of all responsibility or liability as it relates to) the deletion, failure to store, wrong delivery, or untimely delivery of any information or material obtained from the use of the Products & Services, as well as any harm resulting from Customer’s downloading or accessing any information or material on the Internet.

Except as may be provided in CovertTrack, its suppliers and licensors do not warrant any goods or services sold or advertised by any third-party, no matter how it may appear related to CovertTrack’s Products & Services.

CovertTrack will attempt to retain all data for a period of one (1) year from the date the data entered our system, but only for accounts that are paid in full and have a current subscription to a Service Plan. CovertTrack charges $1,500.00 to attempt to recover deleted data (e.g., data that was deleted by a customer or from accounts that were terminated, closed, or suspended).

13. LIMITATION OF LIABILITY

You understand and agree that: (a) GPS technology relies upon multiple independent factors beyond CovertTrack’s control, including satellites, cell towers and independent service providers, (b) CovertTrack cannot guarantee that interruptions or errors will not occur and thus, no warranty express or implied is given that the Products & Services will operate without interruptions, will operate at a particular speed (upload or download), or that it cannot be compromised or rendered inoperable; (c) CovertTrack has no control over third-party network sites you may access in the course of Your use of the Products & Services and CovertTrack assumes no responsibility/liability for third-party websites; (d) You download or otherwise obtain data through the use of the Products & Services at your own discretion and risk and you will be solely responsible for any damages to Your computer system or loss of data that results from such downloads; (e) the amount You paid to CovertTrack represents the value of the Products & Services alone and not the value of any property or persons You track; and (f) CovertTrack is not an insurer of property or people, and You are solely responsible for providing any liability, life, health or disability insurance for any property and persons that are tracked using CovertTrack’s Products & Services.

14. LIQUIDATED DAMAGES

You agree that CovertTrack’s liability shall be limited to the greater of $1,500 or twelve (12) times the monthly services fee and this shall be Your sole remedy regardless of the legal theory of liability (e.g., contract liability, negligence, breach of warranty, product liability, etc.) advanced, alleging that CovertTrack was liable for an injury or loss.

YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY. If You wish, you may obtain, from CovertTrack, a higher limitation of liability for an additional periodic charge. If you elect this option, we will attach a rider to this Agreement setting forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to a higher limitation of liability does not make CovertTrack an insurer.

IN NO EVENT SHALL COVERTTRACK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, INCLUDING ANY SUCH DAMAGES OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOST PROFITS.

Under no circumstances shall CovertTrack, its suppliers or its licensors be liable to You, any user, or any third party on account of Your, or that party’s use or misuse of, or reliance on, the data obtained from the use of the Products & Services or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance.

Under no circumstances shall CovertTrack, its suppliers or its licensors be liable to You, any user, or any third party on account of an inability to use any Products & Services, or from the interruption, suspension, or termination of any related services, or from Your reliance on or use of the information obtained by Your use of the Products & Services. CovertTrack, its suppliers or licensors shall not be responsible for the cost of procurement of substitute goods or services, lost profits, lost property, injury or lost data resulting from Your use of the Products & Services.

Without limiting the foregoing, under no circumstances will CovertTrack its suppliers, or licensors, be liable for any delay or failure in performance resulting from forces or causes beyond its reasonable control, including without limitation, internet failures, computer failures, any type of equipment failure, act of God, act of governments, order from a domestic or foreign court or tribunal, or environmental condition.

15. INDEMNIFICATION; SUBROGATION

Customer agrees to indemnify and hold CovertTrack harmless, including its affiliates, directors, officers, agents, licensees, employees and contractors, from any claim, liability, loss, damage, cost or expense (including, without limitation, suits, judgments, litigation, costs and attorney’s fees of every kind and nature) arising out of or related to: (i) Customer’s breach of this Agreement; (ii) any negligence or willful misconduct of Customer; (iii) any action or conduct of CovertTrack undertaken pursuant to this Agreement at the direction of the Customer (iv) any use of the Products & Services, or (v) from any actions taken in connection with the use of the Products & Services, in particular, but not limited to, any claim arising from a violation of any third party’s rights, violations of law, or a breach of the Agreement. Customer agrees that CovertTrack shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to release CovertTrack from any claims of any parties suing through Your authority or in your name, such as Your insurance company, and, until released, You agree to defend us against any such claim.

16.SOFTWARE SECURITY NOTICE AND DISCLAIMER

NOTICE! The use of this product may expose Your computer to an open network, which You agree to use at Your own risk. Any such network may not be SECURE. CovertTrack cannot and does not guarantee the privacy of Your data and communication while using its Products & Services or when using related software programs or the internet in connection with the use of its Products & Services.

There are potentially serious security issues with any computer connected to the internet without the appropriate protection and anti-virus software, ranging from viruses, worms and other programs that can damage the user's computer, to attacks on the computer by unauthorized or unwanted third parties. By using this product, You acknowledge and knowingly accept the potential risks of accessing the internet over an unsecured network to retrieve information related to the use of our Products & Services. It is recommended that users take steps to protect their own computer system, such as installing current anti-virus software and maintaining appropriate firewall protection. For further information on how to protect You on this open network, consult a security professional.

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED HEREIN ARE PROVIDED "AS IS," WITH NO WARRANTY UNLESS SPECIFIED IN WRITING IN A SPECIFIC PRODUCT OR SOFTWARE MANUAL. Except as otherwise specified in writing, CovertTrack, its suppliers and licensors, expressly disclaim to the fullest extent permitted by law, all express, implied and statutory warranties, including without limitation, the warranties of merchantability, or fitness for a particular purpose.

By entering into this Agreement, You represent to CoverTrack that You have authority to enter into and be bound by this Agreement on behalf of the Customer.

Consent to Electronic Contracting.

By using Our Products & Services, or by clicking “ACCEPT” or “Sign Up Now”, Customer agrees to the terms and conditions above and consent to the use of an electronic contract instead of a paper-form contract, which can be mailed to Customer upon request by calling (480) 661-1916. Upon request this contract can be emailed to Customer in PDF format, which may be saved or printed. Customer understands that, even if Customer elects to proceed electronically, Customer may later call CovertTrack and request a printed copy of the contract for free. The electronic signature contained hereon, which binds Customer to its terms, demonstrates Customer’s continuing permission to the use of electronic signatures, which may be transmitted and delivered by fax, internet, or other electronic means, and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal force and effect as a signed paper contract. Customer further agrees that this consent to the use of electronic contracting applies to this Agreement and all future communications from CovertTrack.

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