LAST UPDATED: August 16, 2011
IMPORTANT, PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS BELOW, THEN YOU MAY NOT ACCESS THE SITE.
The Company reserves the right to change, add, or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately upon the posting to the Sites, and the continued use of the Sites by you after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. You will be deemed to have accepted the Agreement as amended if you continue to use the Sites after any amendments are posted on the Sites.
2. User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites ("Submissions") provided by you to SecuraTrac are non-confidential and shall become the sole property of SecuraTrac. SecuraTrac shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for Submissions made available through the Sites by you. You represent, warrant and agree that Submissions made by you (i) will be true and accurate; (ii) do not and will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material; and (iii) will not contain material that otherwise violates this Agreement, applicable laws, rules or regulations.
3. Third Party Links and Content
Information and content from third parties (such as other users, advertisers, affiliates, and links to non-SecuraTrac websites) may be made available through the Sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of third party website or resources; or (ii) the content, products, or services on or available from such website or resources. Links to third party website or resources do not imply any endorsement by SecuraTrac of such website or resources or the content, products, or services available from such website or resources. Additionally, links to third party website or resources do not imply any endorsement of SecuraTrac by such third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
4. Proprietary Rights in the Sites
You acknowledge and agree that SecuraTrac (and in certain instances its licensors) owns all legal right, title and interest in the Sites. The contents of the Sites, whether partial or otherwise, such as text, graphics, images, logos, button icons, software (including the structure, organization and code of such software), and other SecuraTrac content (collectively, "Site Content"), are protected under both United States and foreign copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of the Company and is protected by United States and foreign copyright, trademark, and other intellectual property laws.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Site Content on any authorized copy you make of the Site Content. You agree not to sell or modify the Site Content, or reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Sites. You further agree not to use the Site Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company or its licensors, that dilutes the strength of the Company's or its licensor's property, or that otherwise infringes the intellectual property rights of the Company, its users, or its licensors in any way.
SecuraTrac®, Securing Your Peace of Mind®, LifeTrac Alert™, LifeTrac®, SecuraPAL®, SecuraFone™, sTrac®, MobileProtector™, ReliaTrac™, Trusted Safety. Anytime. Anywhere. ™, Kid Friendly. Parent Approved. ™ and related marks are trademarks of SecuraTrac, LLC.
5. Prohibited Content & Activities
a. Intellectual Property. You will not use the Sites in any manner that would infringe, dilute, misappropriate, or otherwise violate any publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and rights derived from laws protecting patents, trademarks, trade secrets or other proprietary information. You further agree that you shall not use automated scripts to collect information from, or to otherwise interact with, the Sites.
b. Harmful Actions and Content. You will not restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Sites, regardless of intent, purpose or knowledge. You shall not use the Sites to transmit, distribute or store material that may be harmful to or interfere with the Sites or any third party's networks, systems, services, or website. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment. You shall not use the Sites to impersonate any person or entity, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"). You shall not use the Sites to falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, nor shall you express or imply that any statements you make are endorsed by the Company.
6. Privacy and Personal Information
7. Access to the Sites
SecuraTrac reserves the right to change, suspend, remove, terminate or disable access to the Sites or any feature thereof at any time for any reason, or no reason, at any time in its sole discretion, with or without notice. In no event will SecuraTrac be liable for any removal or disabling of access to any portion of the Sites, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications.
SecuraTrac Products and Service Plans
SecuraTrac does not warrant that information, graphic depictions, product and service descriptions or other content of the Sites are accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Sites may be inaccurate or the product or service description may contain an inaccuracy. In the event SecuraTrac determines that a product or service contains an inaccurate price or description, SecuraTrac reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. SecuraTrac may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify SecuraTrac immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by SecuraTrac.
a. Disclaimer of Warranty. THE SITE, ANY CONTENT AND INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE (INCLUDING THIRD PARTY CONTENT), ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SECURATRAC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SECURATRAC MAKES NO WARRANTIES AS TO THE OPERATION OF THIS SITE OR THE CONTENT AND INFORMATION, OR PRODUCTS MADE AVAILABLE THROUGH THE SITE OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR THOROUGHNESS OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. SECURATRAC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. Without limiting the foregoing, SecuraTrac, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the information posted or distributed through the Sites, software, text, graphics, links, or communications provided on or through the use of the Sites.
b. Limitation on Liability. UNDER NO CIRCUMSTANCES SHALL SECURATRAC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SECURATRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, OMISSIONS, ERRORS, INACCURACIES, MODIFICATION, ALTERATION, LIMITATION OR TERMINATION OF THE SITE OR ANY ASPECT THEREOF. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY LINKS MADE AVAILABLE THROUGH THE SITE, BY REASON OF ANY INFORMATION, OR PRODUCTS ADVERTISED OR PURCHASED IN CONNECTION WITH THE SITE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, INACCURACIES, MALFUNCTIONS, OR FAILURES RELATED TO THE SITE OR THE CONTENT, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES.
c. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you, in which case liability is limited to the fullest extent permitted by law.
10. Disputes: Governing Law; Venue and Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and SecuraTrac agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County, California to resolve any dispute arising out your use of the Sites or this Agreement.
Except as may be modified by the Customer Agreement to the extent you are also a Customer, this Agreement constitutes the entire agreement between you and SecuraTrac regarding your use of the Sites, superseding any prior agreements between you and SecuraTrac relating to your use of the Sites. The failure of SecuraTrac to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign or transfer this Agreement, or any part of it, to any other person. Any attempt by you to do so is void.
12. Contact Us
If you need to contact us regarding this Agreement, we can be reached by emailing us at support@SecuraFone.com.