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COVERTTRACK GROUP, INC. TERMS AND CONDITIONS Date: March 1, 2019

This document limits our liability. Your use of our products or services constitutes your acceptance of the following terms and conditions.

  1. Acceptance of the Terms and Conditions

Welcome to the website of CovertTrack Group, Inc. (collectively the “Company”, “CovertTrack” “website” “site” “we” or “us”). CovertTrack is the owner of this website (“website”).

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 you view the website, 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 the website and any and all products, merchandise, devices, software and services purchased from or otherwise provided by CovertTrack or any third party merchant or manufacturer (hereinafter collectively referred to as Products & Services,” when applicable), advertised on the website and explains CovertTrack’s obligations to You and Your obligations to CovertTrack in relation to your using the website and 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.

Please read the Terms and Conditions carefully before you start to use the Website or Products and Services. By using the Website or Products and Services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available at https://www.coverttrack.com/public/privacy_policy.pdf . If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website or use the Products and Services. This Agreement, as updated from time to time, is available online on CovertTrack’s website, Questions? Call 480.657.9545 for Customer Service or Technical Support.

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

This Agreement also includes by reference

● Additional Terms and Conditions, which may include those from third parties.

● Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

Merchant” or “Manufacturer” shall mean any person, entity, individual or business selling or marketing products, goods or services on the website.

Products and Services” shall mean Customer’s usage of products, goods and services that are displayed or advertised on CovertTrack’s website that have been made or offered by CovertTrack and/or that have been manufactured by a third party merchant or Manufacturer.

This Website and Products and Services are offered and available to users who are 18 years old or older. By using this Website or Products and Services you represent and warrant that you are of legal age to form a binding contract with CovertTrack. If you are not 18 years old or older, you must not access or use the Website or Products and Services.

MEDIATION/ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL MEDIATION OR ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

2. Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Products and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

3. Summary of Terms & Conditions

This summary is provided for Your convenience and is not intended to apprise You of each and every term contained herein. You should read the entire agreement before using any Products & Services.

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 28 th 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. See CovertTrack’s Limited Warranty. There are no other warranties.

21. 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.

22. Protect Yourself from viruses and data loss. We are not responsible for damages or losses due to use or misuse of Our Products & Services.

23. 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.

24. 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.

25. 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 (PRODUCTS & SERVICES)

4. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for

● Making all arrangements necessary for you to have access to the Website.

● Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or Products and Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We may, without notice to you, at any time, revise these Terms and Conditions and any other information contained in this website. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

5. General

This website contains proprietary notices and copyright information, the terms of which must be observed and followed.

The Company grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this website and to use the Services provided you comply with these Terms and Conditions, and all copyright, trademark, and other proprietary notices remain intact and this Agreement has not been terminated and as long as you meet any applicable payment obligations. You are only granted the right to use the Website and Products and Services and only for the purposes described by the Company. The Company reserves all other rights in the website and Products and Services. You may only use a crawler to crawl this website as permitted by this website’s robots.txt protocol, and the Company may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this website.) All other use of this website is prohibited.

You may not copy, modify, distribute, sell, or lease any part of our website or Products and Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Except for the limited permission in the preceding paragraphs, the Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this website on another website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

6. Disclaimer

From time to time, this website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this website.

7. Ownership of the Website

The website, any content on the website, and the infrastructure used to provide the website are proprietary to CovertTrack and our affiliates. By using the website and accepting these Terms and Conditions: (a) CovertTrack grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the website as pursuant to these Terms and Conditions and to any additional terms and policies set forth by CovertTrack; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, merchandise, or services obtained from or through the website without the express permission of CovertTrack.

8. Registration

To register and become a "User" of the website and purchase or use Products and Services , you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from using the website under the laws and statutes of the United States or other applicable jurisdiction.

When you register, with CovertTrack we may collect information such as your name and e-mail address. You can edit your account information at any time. Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, CovertTrack will have sufficient grounds and rights to suspend or terminate the User who is in violation of this aspect of the Agreement, and as such refuse any and all current or future use of CovertTrack Services, or any portion thereof.

It is CovertTrack priority to ensure the safety and privacy of all its visitors to the website and users of the Products and Services, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the CovertTrack website or use of the products and services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, he/she is thereby granting permission for his/her child or children to access the various Services provided through the website, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the services and/or content provided on the website are age-appropriate for his/her child.

A user will register on the app by clicking on "sign up", once there, the user will provide CovertTrack with his or her email address, first name, last name, password, and password confirmation.

9. Products and Services Usage

(a) 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.

(b) 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.

(c) TERMS OF USAGE & SERVICE.

Subject to the terms and conditions of this Agreement, CovertTrack shall attempt to provide, but cannot guarantee, GPS Related Services 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.

(d) NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of CovertTrack’s Products & Services and Products and Services offered by third party merchant’s and manufacturers (CovertTrack’s Products & Services and Products and Services offered by third party merchant’s and manufacturers are referred to in this paragraph only as the “Services”) You agree not to use the Services 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 the 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 the 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 the Services without a Subpoena or Warrant.

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

CovertTrack reserves the right to terminate Services if Your usage of the 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.

(e) Acceptable Use Policy
All website users are responsible for complying with all applicable laws in the United States in their use of the website.

Prohibited Activities

You may not use the Website or Products and Services for activities that:

violate any law, statute, ordinance or regulation anywhere in the entire world.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other merchandise that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, layaway systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the Manufacturer has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption or (l) involve the sales of merchandise or services identified by government agencies to have a high likelihood of being fraudulent.

User acknowledges and agrees that the Products and Services provided and made available through our Website that are created by CovertTrack are the sole property of CovertTrack. At its discretion, CovertTrack may offer additional Services and/or merchandise, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or merchandise and any and all updated, modified or revised Services unless otherwise stipulated. CovertTrack does hereby reserve the right to cancel and cease offering any of the aforementioned Product and Services. User acknowledges, accepts and agrees that CovertTrack shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our website and Products and Services. Your continued use of the website and Products and Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided website and products and services forthwith.

Furthermore, User understands, acknowledges and agrees that the website is provided "AS IS" and as such CovertTrack shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

10. User’s Conduct on the website

As a User using the website, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of corporate.coverttrack.com and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our website, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by CovertTrack on the website.

Furthermore, you herein agree not to make use of the website for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any dba CovertTrack, officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

j) interfering with or disrupting any website Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;

m) "stalking" or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

CovertTrack herein reserves the right to pre-screen, refuse and/or delete any content currently available through our website. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms and Conditions or which would otherwise be considered offensive to other visitors and Users.

CovertTrack herein reserves the right to access, preserve and/or disclose User account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the Terms and Conditions;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of the website, its visitors and users, including the general public.

CovertTrack herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by CovertTrack or any other content providers supplying content services to CovertTrack. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules on our website. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our website, despite whether done so in whole or in part, is expressly prohibited.

11. 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).

12. 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.

13. 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.

14. 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 THIRD-PARTY SOFTWARE OR 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, AZ 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.

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.

15. USE WITH YOUR MOBILE DEVICE

Use of the Website and Products and Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

COVERTTRACK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

16. Interstate Communication

Upon registration, you hereby acknowledge that by using the website to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the Terms and Conditions, you are acknowledging that the use of the website may result in interstate transmissions.

17. Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations ( http://www.access.gpo.gov/bis/ear/ear_data.html ), as well as the sanctions control program of the United States ( http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report ( http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ) nor a Member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

18. Content Placed or Made Available On The Website

CovertTrack shall not lay claim to ownership of any content submitted by any visitor or User, nor make such content available for inclusion on our website. Content may include photos, audio, video and/or graphics. Therefore, you hereby grant and allow for CovertTrack the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of the CovertTrack website, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our website is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a User, and shall terminate at such time when you elect to discontinue your Usership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the website, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Services is for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a User and shall terminate at such time when you elect to discontinue your Usership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of the website, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Users (“You”) represent to CovertTrack and unconditionally guarantee that the User Content, including any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to CovertTrack for inclusion in the website are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend CovertTrack from any claim or suit arising from the use of such elements furnished by you.

You represent and warrant that (a) the User Content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of any third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other party right, and (b) You own the User Content or otherwise have the right to use the User Content.

Those areas which may be deemed "publicly accessible" areas of the website are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to Users.

19. Contributions to the Website

The Website may provide an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) CovertTrack shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

c) CovertTrack shall be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit;

d) the contributor's Contributions shall automatically become the sole property of CovertTrack; and

e) CovertTrack is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

20. Commercial Reuse of The Website

The User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Website.

21. MODIFICATIONS

CovertTrack shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently any part of our website thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of any Services contained on our website, or any part thereof.

22. TERMINATION

As a User you may cancel or terminate your account, associated email address and/or access to our website and Services by submitting a cancellation or termination request to: admin@coverttrack.com and not accessing the website ever again.

As a User, you agree that CovertTrack may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms and Conditions or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our website, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your use of the Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with CovertTrack shall include any and/or all of the following:

a) the removal of any access to all or part of the website or Services offered by CovertTrack;

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our website or offered Services.

23. ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our website, which may include the payment and/or delivery of such related merchandise, goods or services from Merchants advertising on the website, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser or Merchant. Moreover, you herein agree that CovertTrack shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers or Merchants on our website.

24. LINKS

Either CovertTrack or third parties may provide links to other websites and/or resources maintained by parties other than CovertTrack (“Third Party Websites”). These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. If you decide to access any third party websites maintained by other parties, you do so at your own risk. Thus, you acknowledge and agree that CovertTrack is not responsible for the availability of any such external third party websites or resources, and as such, we do not endorse nor is CovertTrack responsible or liable for any content, merchandise, advertising or any other materials, on or available from such third party websites or resources. Furthermore, you acknowledge and agree that CovertTrack is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, merchandise or services available on or through any such linked third party website or resource.

25. PROPRIETARY RIGHTS

You do hereby acknowledge and agree that the website and any essential software that may be used in connection with our website ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our website or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by CovertTrack or such applicable licensor, you agree not to alter, copy, reverse engineer, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform or create any works of any kind which are based on the website (e.g. Content or Software), in whole or part.

The website herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our website. Lastly, you also agree not to access or attempt to access our website through any means other than through the interface which is provided by CovertTrack for use in accessing our website.

26. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material, ads or merchandise on the website infringes upon any IP Rights, copyright, trademark, or other intellectual property rights, and you would like to bring it to CovertTrack's attention, you can report your concern(s) by submitting your complaint here.

DMCA Procedures. CovertTrack reserves the right to terminate your, or any third-party’s, right to use the website if such use infringes the copyrights of another. CovertTrack may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access the website, if CovertTrack determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the website by any third-party in a way that constitutes copyright infringement, and you would like to bring it to CovertTrack's attention, you must provide CovertTrack's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

● The CovertTrack Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

CovertTrack Group, Inc. 15600 N. 78th Street, Scottsdale, Arizona 85260

27. 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.

28. SURVIVAL.

Sections 29, 30, 31, 32, 33, 34 and 35 shall survive any termination or cancellation of this Agreement.

29. DISCLAIMER OF WARRANTIES

As permitted by applicable law and except as may be provided in CovertTrack’s Limited Warranty , you hereby expressly agree that CovertTrack, its suppliers and licensors do not warrant that any goods, products or services sold or advertised by any third-party merchant on the website, no matter how it may appear related to CovertTrack’s Products & Services are free from defects. CovertTrack also does not warrant that the merchants’ descriptions of all products, goods and services are reliable, accurate or complete and CovertTrack also does not warrant or guarantee any results obtained by Customer’s use of any products, goods and services advertised or sold by any third party merchants on the website.

CUSTOMER EXPRESSLY AGREES THAT ALL PRODUCTS, GOODS AND SERVICES SOLD OR ADVERTISED BY ANY THIRD PARTY MERCHANT OR MANUFACTURER ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY AND THROUGH A THIRD PARTY MERCHANT OR MANUFACTURER. CUSTOMER HEREBY EXPRESSLY AGREES THAT ALL MERCHANTS AND MANUFACTURERS ARE SOLELY RESPONSIBLE TO SETTLE ALL DISPUTES AND PAY ALL CLAIMS, COSTS AND DAMAGES FOR ANY LOSSES OR INJURIES OF ANY KIND SUFFERED BY CUSTOMER RELATED TO ANY PRODUCTS, GOODS AND SERVICES PURCHASED BY CUSTOMERS FROM MERCHANTS AND MANUFACTURERS ON THE WEBSITE AND THAT COVERTTRACK HAS NO LIABILITY WHATSOEVER WITH REGARD TO ANY TYPE OF DISPUTE, ISSUES OR CLAIMS OF DAMAGES RELATED TO THE SALE OF ANY GOODS, PRODUCTS AND SERVICES SOLD OR ADVERTISED BY ANY THIRD PARTY MERCHANT OR MANUFACTURER ON THE WEBSITE.

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.

Customer understands and agrees 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.

30. Disclaimer of Warranties Relating to the Website

We try to keep the website up and running and free of annoyances. But we make no promises that we will succeed.

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE COVERTTRACK ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY COVERTTRACK CONTENT, USER CONTENT, THIRD PARTY CONTENT, MATERIALS OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE TIMELY OR ACCURATE.

COVERTTRACK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COVERTTRACK WILL BE RESPONSIBLE FOR.

COVERTTRACK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO COVERTTRACK’S WEBSITE, OR INFORMATION CONTAINED ON THE WEBSITE INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

31. DATA RECOVERY CHARGE

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).

32. LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COVERTTRACK, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF ITS RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, EXEMPLARY, INDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CUSTOMER DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS, BODILY HARM, EMOTIONAL DISTRESS OR LOSS OF LIFE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR PURCHASE OF AND USE OF ANY GOODS, PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE; (B) THE CONTENT AND USER CONTENT INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER AVAILABLE OR DISPLAYED ON THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (C) YOUR INABILITY TO USE THE WEBSITE; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (E) THE MERCHANDISE, PRODUCTS, GOODS AND SERVICES OFFERINGS AVAILABLE OR CONTAINED ON ANY THIRD PARTY WEBSITES; (F) THESE TERMS AND CONDITIONS; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO COVERTTRACK INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. COVERTTRACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE WHICH INCLUDES ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR MANUFACTURER, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR MERCHANDISE, GOODS, PRODUCTS AND SERVICES RELATED TO ANY INJURIES CAUSED SOLELY BY THE FAULT OR NEGLIGENCE OF A MERCHANT, MANUFACTURER OR THIRD PARTY. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION OR ARBITRATOR AND COVERTTRACK BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED COVERTTRACK’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS 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.) ALLEGING THAT COVERTTRACK WAS LIABLE FOR AN INJURY OR LOSS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

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.

You acknowledge and agree that without the foregoing exclusions and limitations of liability, CovertTrack would not be able to offer the website or any products and services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.

33. Applicable Law

By using the website and applicable Services you agree that the laws of the State of Arizona without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Us.

34. Disputes

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.

YOU AND COVERTTRACK AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY ARIZONA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN MARICOPA COUNTY, ARIZONA.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.

35. Indemnification

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 also 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 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 CovertTrack against any such claim.

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.

36. Force Majure

In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance.

37. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

38. Entire Agreement

The Terms and Conditions, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

39. Your Comments and Concerns

This website is operated by CovertTrack Group, Inc. 15600 N. 78th Street, Scottsdale, Arizona 85260.

All other notices, feedback, comments, requests for technical support, and other communications relating to the Website please contact us at: admin@coverttrack.com

Thank you for visiting the Website.

COVERTTRACK GROUP, INC. PRIVACY POLICY

Effective date: March 1, 2019

This Privacy Policy ("Policy") lets you know how CovertTrack Group, Inc. (“CovertTrack”, “We, “Us”) collects and uses your Personal Information, how you can control its use, and describes our practices regarding information collected from our website, computer or software applications, and social media pages and HTML-formatted e-mail messages (collectively, the "Services").

This policy applies to information we collect:

● On this Website.

● In e-mail, text and other electronic messages between you and this Website.

● When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

● us offline or through any other means, including on any other website operated by Us or any third party (including our affiliates and subsidiaries); or

● any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

We do not participate in the E.U. - U.S. and Swiss - U.S. Privacy Shield Frameworks and do not comply with the Privacy Shield Principles.

We at CovertTrack know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby authorize CovertTrack to collect, use, and share your information for the purposes identified herein and on the Site.

Remember that your use of CovertTrack’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

The Services may provide links to or the ability to connect with non-CovertTrack websites, services, social networks or applications. Clicking on those links or enabling those connections might allow the third party to collect or share information about you. Those third-party websites or services are beyond CovertTrack’s control. CovertTrack advises you to check the privacy policies and terms of use of any non-CovertTrack websites or services before providing any of your Personal Information to them.

As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from anyone under age 18, we will delete that information as quickly as possible. If you believe that anyone under the age of 18 may have provided us personal information, please contact us at: admin@coverttrack.com.

1. Will CovertTrack ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice in the app, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

2. What does CovertTrack do with your information? We want to be very clear about the type of information we collect and how we use it to deliver our Services to you and operate our business. We do not sell or share your Personal Information with third parties for their own commercial uses without your consent.

a) Types of Information We Collect. In connection with accessing our Services, we may collect information from you which can be used to identify you ("Personal Information"), such as your name, postal address, email address, phone, username and password and ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”). Our website might also collect personal information that is about you but individually does not identify you, and/or about your internet connection, the equipment you use to access our Website and usage details.

We collect information when you register or open an account, sign in, pay a bill, purchase a Service, call us for support, or give us any type of feedback. We may also get information from other companies or third parties, or when we may use service providers to supplement the Personal Information you give us such as validating your mailing address to help us maintain the accuracy of your data and provide you with better service. We might also collect content or other information that you may provide or create when you interact with our Services.

To create and open an account through the Services, We may require you to provide personal information to identify yourself such as name, email address, password, phone number, date of birth and social security number or federal EIN number.

When purchasing certain Services, you will also be required to provide a credit card number, billing address, phone number or other payment information. No information of this type will be collected unless you have registered for aspects of the Service that require it. Be advised that if we collect payment from you of any kind that we will utilize the services of a third party payment processor to facilitate your payment by credit card.

We may also automatically collect certain usage information when you access our Services ("Usage Data"), such as Internet Protocol address ("IP address") and information derived from your IP address such as your geographic location, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. We collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Services. We also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data. We may also collect Past transactional behavior conducted by You on the Services, Information about your company such as the name, size and location of your company and your role within the company, and Behavioral or demographic attributes, when tied to personal identifiers.

CovertTrack may also collect additional information through your dealings with and use of the Services and non-CovertTrack websites, which does not disclose your specific identity or does not directly relate to an individual. Additional information may include, but is not limited to:

● Internet Protocol address ("IP address") and information derived from your IP address such as your geographic location;

● Geographic location showing where You are using the Services;

● Information about your devices such as information contained in HTTP Headers (defined below) or other internet transfer protocol signals, browser or device type and version; operating system, user-agent strings and information about or from the presence or use of "apps" on your mobile devices, screen resolution, and your preferred language;

● Unique IDs such as a cookie placed on your computer, mobile or device IDs;

● Behavioral data and information about your usage of the Services, including webpages clicked, websites and content areas visited, date and time of activities;

● The web search you undertook to locate and navigate to the Services.

We might also may put together additional information with Personal Information, such as gathering geographical location from your IP address and combining all of this with behavioral data about your usage of the Services with your name. If we combine additional information with personal Information, we will treat the combined information as Personal Information.

Our Services may change over time and we may introduce new features that may collect new or different types of information.

b) How CovertTrack Uses Your Information. CovertTrack may use your Personal Information it collects (unless otherwise prohibited by applicable law), for the following purposes:

(i) Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to use our paid services, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.

(ii) Account Registration. We may use your name, address, phone number, and email address to register your CovertTrack Account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.

(iii) Records and copies of your correspondence (including e-mail addresses), if you contact us.

(iv) Your responses to surveys that we might ask you to complete for research purposes.

(v) Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

(vi) Your search queries on the Website

(vii) To bill and collect money owed to us by our Customers. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.

(viii) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as scheduled outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(ix) To enforce compliance with our Terms and Conditions and applicable law. This may include developing tools and algorithms that help us prevent violations.

(x) To protect the rights and safety of our Employees, Customers and third parties, as well as our own.

(xi) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms which includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(xii) To communicate with our Customers about their account and provide customer support.

(xiii) To Let You Know About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that may be of use to you.

(xiv) To Improve Services and Develop New Services. We may use your information to personalize or customize your experience to develop new features or services, and to improve the overall quality of CovertTrack's Services.

(xv) Feedback. We may use any information you volunteer provide to us in surveys you answer and combine them with answers from other customers in order for us to better understand our Services and how we may improve them. Of course, answering any survey is optional.

(xvi) To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing any Services that you have requested, provide you with support related to our Services, and to help us protect our Services, which includes taking action against fraud and protect your information.

(xvii) Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to deal with and resolve questions you may have about our Services and to follow up with you about your experience.

(xviii) Publishing or Sharing Combined Information from Many Users In a Manner that Would Not Allow You or Any Other Person to be Identified Personally. We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, marketing and/or promotional purposes but only in a way that would not allow you or any other person to be identified. For example, we may share demographic data that describes the percentage of our customers who use one of our services or who use a specific operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.

(xix) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(xx) To prosecute and defend a court, arbitration, or similar legal proceeding.

(xxi) To provide suggestions to you. This includes adding features that compare Customers’ content or communications, using data to suggest products or services that you may be interested in or that may be relevant to you.

(xxii) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(xxiii) Customer Testimonials. We might at some point upload Customers testimonials on our Services that may contain Personal Information. Before doing so, we will obtain your consent to use your name and testimonial. If you ever desire to delete a testimonial, please contact us at

(xxiv) Respond to Your Requests. CovertTrack may also use Personal Information in order to respond directly to your information requests.

(xxv) Third Party Social Networks. CovertTrack may use your Personal Information to connect with you on third party social networks. CovertTrack's interactions with you on any third party social network would be subject to that network's privacy policies and terms of use.

(xxvi) We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

(xxvii) We may use your email address to send you CovertTrack newsletters, product updates, recalls and new product information.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

c) How Does CovertTrack Share Your Personal Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

(i) Third Party Service Providers. We do not share your personal information with unaffiliated third parties except agents or companies acting on CovertTrack’s behalf. This means we may share information about you with service providers or agents in order to have them perform on our behalf any of the activities we are permitted to conduct under this Privacy Policy and our Terms of Service including but not limited to website design, sending email communications, fraud detection and prevention, customer care, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service or performing analytics. These third parties are acting on our behalf so while they may have access to your information they’re required to follow our instructions and meet the standards explained in our Privacy Policy when handling information about you that we provide them.

(ii) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

(iii) To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

(iv) To fulfill the purpose for which you provide it.

(v) For any other purpose disclosed by us when you provide the information.

(vi) With your consent.

(viii) Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

(ix) Protection of CovertTrack and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products' Terms of Service and other agreements; or protect the rights, property, or safety of CovertTrack, our Services, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Statement.

(x) Reporting to Credit Bureaus. We may share your information with credit bureaus, consumer reporting agencies, and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.

(xi) Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.

(xi) We do not sell or rent Personal Information to unaffiliated third parties for their advertising or marketing lists.

(xii) With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.

3. WHAT CHOICES DO I HAVE ABOUT MANAGING MY PRIVACY?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

● Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

● We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

If you have privacy concerns regarding access to or the correction of your Personal Information, please contact us at: admin@coverttrack.com

4. P ublic Information and Third Party Websites

(a) Blog. We may at some point have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us. If we are unable to remove your information, we will tell you why.

(b) Social media platforms and widgets. Our Websites may include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We might also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them and we encourage you to read them.

(c) Links to third-party websites. Our Websites may include links to other websites, whose privacy practices may be different from CovertTrack. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

(d) Cookies and Similar Tracking Technologies. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

● Estimate our audience size and usage patterns.

● Store information about your preferences, allowing us to customize our Website according to your individual interests.

● Speed up your searches.

● Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

● Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

● Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

● Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

(e) Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

(f) Do Not Track Disclosure

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

5. We Operate in the US and Canada Only

CovertTrack operates in the United States and Canada only.

6. Security of Your Information

The security of your Personal Information is extremely important to CovertTrack. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. For example, we:

● Constantly work to update our security practices to implement accepted best methods to protect your Personal Information, and review our security procedures carefully.

● Comply with applicable laws and security standards.

● Securely transmit your sensitive Personal Information.

● Train our staff and require them to safeguard your data.

● We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure

● The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

● Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

7. Notice of Breach of Security

If a security breach causes an unauthorized intrusion into our system that materially affects you, then CovertTrack will notify you as soon as possible and later report the action we took in response.

8. Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

CovertTrack accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

9. DATA RETENTION AND YOUR ACCESS RIGHTS

a) Data Retention. In accordance with and as permitted by applicable laws and regulations, we will retain your information as long as necessary to provide our Services you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and CovertTrack’s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.

b) Accessing and Correcting Your Information

You may send us an e-mail at: admin@coverttrack.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

10. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or at the addresses above.

11. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

● Send information, respond to inquiries, and/or other requests or questions.

● Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in compliance with CANSPAM we agree to the following:

● NOT use false, or misleading subjects or email addresses

● Identify the message as an advertisement in some reasonable way

● Monitor third party email marketing services for compliance, if one is used.

● Honor opt-out/unsubscribe requests quickly

● Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can Follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

12. What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please contact Us at: admin@coverttrack.com and we will try to resolve your concerns.

13. Special Rules For Children.

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

14. Canadian Law - Providing access and accuracy

Subject to legal requirements provided by the Canadian Privacy Act (R.S.C., 1985, c. P-21) or the Access to Information Act, CovertTrack will respect your right of access to your Personal Information by informing you of its procedures and requirements for responding to your request for access. CovertTrack will act diligently to give you access, at minimal or no cost wherever possible. In certain exceptional circumstances, CovertTrack may not be able to give you access to your Personal Information. For example, some Personal Information banks may contain references to other persons or to CovertTrack's proprietary information, or be covered by solicitor-client privilege.

You can challenge the accuracy of your Personal Information and request corrections if you believe there are errors or omissions. You may also require in certain circumstances that an annotation be attached to your Personal Information reflecting any correction requested but not made, or that such annotation or correction be notified to certain individuals.

CovertTrack will take all reasonable steps to ensure Personal Information used on an ongoing basis is as accurate, up-to-date, and complete for the purposes in which it was collected; CovertTrack will rely on you to inform it of any required corrections.

14 (a) Responding to your privacy concerns

CovertTrack will respond to your questions and investigate diligently any complaints with respect to your Personal Information.

14 (b) Complying with applicable privacy legislation

Your and CovertTrack's rights and obligations regarding privacy are governed by applicable privacy legislation in Canada. The application and interpretation of this Policy and of our guiding privacy principles are subject to and will comply with such legislation.

15. Dispute Resolution

If you have any complaints regarding our compliance with this policy, you should first contact CovertTrack. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your personal information in accordance with this policy.

16. Corporate Headquarters

If you have any questions about this Privacy Policy please contact us at: CovertTrack Group, Inc. 15600 N. 78th Street, Scottsdale, Arizona 85260.

Last Updated: March 1, 2019

COVERTTRACK GROUP, INC. LIMITED WARRANTY (Basic)

WHAT IS COVERED :

Law Enforcement Products : For one (1) year following the date of purchase of any Law Enforcement product (“Product”) created or manufactured by CovertTrack (“CovertTrack” or “we”), CovertTrack Group will repair or replace any defective product, or a part thereof, with defect in material and workmanship.

Civilian Products : For three (3) months following the date of purchase of any Civilian product created or manufactured by CovertTrack, CovertTrack will repair or replace any defective product, or a part thereof, with defect in material and workmanship.

HOW TO OBTAIN SERVICE : If you believe a defect in material or workmanship exists, please call (480) 657-9545 for instructions on how to have the product repaired or replaced. Charges may apply if out of warranty or damage is not due to a defect material and workmanship.

WHAT IS NOT INCLUDED/LIMITATIONS :

• This warranty is extended to the original purchase of the product. A purchase receipt or other proof of purchase is required before warranty service will be rendered. • Unauthorized service or modification to this product or any component of this product will void this warranty in its entirety.

• THIS WARRANTY IS EXCLUSIVE AND IS EXPRESSLY IN LIEU OF ALL OTHER

WARRANTIES, IF ANY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY,

REPRESENTATION OR CONDITION OF MERCHANTABILITY OR THAT THE

PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND

SPECIFICALLY IN LIEU OF ALL SPECIAL, INDIRECT, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF

BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE) RESULTING FROM

THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF THIS

WARRANTY. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION

OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

EXCLUSIONS : This Warranty Does NOT Cover:

• Expendable/disposable items such as Removable Memory Storage or batteries.

• Failure of the product as a result of an accident, misuse, abuse, negligence, alteration, acts of god, or faulty installation, or any other failure not relating to faulty material or workmanship.

• Damage caused by use of replacement parts or ‘after-market’ parts from third parties.

• Corrosion or discoloration.

• Reimbursement for inconvenience installation, setup time, loss of use, unauthorized service, loss of information.

• Reimbursement for any data loss or consequences of data loss, regardless of cause.

CovertTrack does not warrant, represent or undertake that it will be able to repair or replace any Product under this warranty without risk to and / or loss of information and / or data stored on the Product. In no event shall CovertTrack be liable for (a) loss or damage, which as of the product’s purchase cannot be regarded as being caused by CovertTrack’s breach of these warranty terms; or (b) losses caused by the user’s fault, loss of data or loss of profits or benefits.

Any limitations of liability in this warranty document shall not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) intentional misconduct or gross negligence; or (iv) or a culpable breach of major contractual obligations.

EXTENDED LIMITED WARRANTY PROGRAM (Law Enforcement/Govt. Only)

For Law Enforcement/Government Customers, ELECTRONIC COMPONENTS you have purchased are covered by one (1) year warranty on material and workmanship if you purchase CovertTrack’s extended warranty program (the “Program”). The Program extends the protection of the purchased equipment beyond the basic one (1) year warranty term, and is renewable on an annual basis for up to five (5) years total from the date of original product shipment. The Program covers parts and labor on equipment that has failed to perform during normal usage.

WHAT IS COVERED: In consideration of payment of the extended warranty price, CovertTrack will furnish labor and replacement parts necessary to maintain the product(s) specified in this contract (Product) in operating condition during the term of the Program (Term), provided such service is necessitated by Product failure during normal usage.

HOW TO OBTAIN SERVICE : To obtain the Program service, Customer must ship Product to location designated on the package freight prepaid. Call us at 480-661-1916 if you have any questions. CovertTrack will return to Customer, freight prepaid, lowest cost routing at CovertTrack’s option. Service will be performed at CovertTrack Group’s Scottsdale, Arizona manufacturing facility or other repair facility designated by CovertTrack.

WHAT IS NOT COVERED : This Program applies only to the operation of the specific Product under conditions for which it was designed and does not cover: (1) Any product or parts added to the system by the customer and therefore not manufactured by CovertTrack Group, (2) Defects caused by failure to provide a suitable installation environment for such Product, (3) Damage caused by use of the Product for purposes other than those for which it was designed, (4) Damage caused by disasters such as fire, flood, wind, lightning or other acts of God, (5) The refinishing or replacement of any Product case parts due to finish defects, scratches or chipping, (6) Damage caused by unauthorized attachments or modification, or (8) Any other abuse or misuse by the Owner or others, (7) Expendable Items such as Removable Memory Storage or batteries, (8) Failure of the product as a result of an accident, misuse, abuse, negligence, alteration, acts of god, or faulty installation, or any other failure not relating to faulty material or workmanship, (9) Damage caused by use of replacement parts or

‘after-market’ parts from third parties, (10) Corrosion or discoloration, (11) Reimbursement for inconvenience, installation, setup time, loss of use, unauthorized service, or loss of information, (12) Reimbursement for any data loss or consequences of data loss, regardless of cause.

DISCLAIMER OF WARRANTY : THIS WARRANTY IS EXCLUSIVE AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, IF ANY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE) RESULTING FROM THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE..

CovertTrack does not warrant, represent or undertake that it will be able to repair or replace any Product under this warranty without risk to and / or loss of information and / or data stored on the Product. In no event shall CovertTrack be liable for (a) loss or damage, which as of the product’s purchase cannot be regarded as being caused by CovertTrack’s breach of these warranty terms; or (b) losses caused by the user’s fault, loss of data or loss of profits or benefits.

Any limitations of liability in this warranty document shall not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) intentional misconduct or gross negligence; or (iv) or a culpable breach of major contractual obligations.

FORCE MAJEURE : CovertTrack Group shall not be liable to Owner for any delay of failure by CovertTrack Group to perform its obligations under this Program or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control of CovertTrack Group, including but not limited to labor disputes, strikes, other labor or industrial disturbances, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty, war acts of public enemy, riots, insurrections, embargoes, blockages, actions, restrictions, regulations or orders of any government, agency or subdivision thereof, or temporary unavailability of qualified service personnel at CovertTrack Group’s office due to service call(s) received before Owner’s call.

LIMITATION OF LIABILITY : Owner agrees that CovertTrack Group’s total liability hereunder, including but not limited to, any alleged negligence of CovertTrack Group, shall not exceed the annual charge paid by the Owner to CovertTrack Group under this

Program attributable to the particular Product directly involved. IN NO EVENT WILL CovertTrack Group BE LIABLE FOR ANY SPECIAL, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES.

ENTIRE AGREEMENT : This Program shall be governed by the laws of the State of Arizona and constitutes the entire agreement between the parties hereto with respect to the extended warranty service to be provided hereunder, and shall supersede all previous negotiations and writings with respect to the matters set forth herein. It may only be modified by a writing signed by authorized representatives of both parties. The terms and provisions of this Program shall prevail over any conflicting, additional or other terms appearing on any purchase order submitted by Subscriber at any time.

Disputes

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.

YOU AND COVERTTRACK AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY ARIZONA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN MARICOPA COUNTY, ARIZONA.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.

WHERE TO GET FURTHER INFORMATION : If you wish further assistance or information concerning this program, please contact your CovertTrack Representative at 480-661-1916.

ADDITIONAL TERMS : RESEARCH & OBEY Applicable Laws, Regulations and

Administrative Guidelines when purchasing or using this product, related software or services. Use products, related software and services only in accordance with applicable federal, state and local laws, regulations and administrative guidelines. PURCHASER/USER BEARS SOLE RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS.

USE and MISUSE: By purchasing and using this Product and the Program, you are agreeing to indemnify and defend the manufacturer and distributor from any claims arising from your use, misuses or illegal uses of the product, software or related services.

LAW ENFORCEMENT: For law enforcement users, you must consult with and may require the authorization of, your agency or the proper Court prior to using these products.

HIGH VALUE PROPERTY/PERSONS: Without limiting the generality of the terms of the Program, CovertTrack and each manufacturer and distributor assume no liability for any damages related to the loss of value of property, or loss of a person tracked by any product. User accepts sole responsibility for ensuring that multiple security products are used to ensure the safety and security of any property or person. The products should be used in conjunction with additional physical security protection equipment.

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