Subject to the terms and conditions set forth in this Agreement, AccuTracking grants you a non-exclusive, non-transferable, limited right to access, use and display the data and the materials provided by the Service thereon.
AccuTracking hereby authorizes you to view and use the product and information ("Materials") provided by the Service only for your use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying of the Materials. AccuTracking does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
The Materials contain intellectual property owned by AccuTracking, Inc.. No material from AccuTracking or any Web site owned, operated, licensed, or controlled by AccuTracking, Inc., or any of its related, affiliated or subsidiary companies (collectively, "AccuTracking"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of AccuTracking. Modification of the materials or use of the materials for any other purpose is a violation of AccuTracking's copyright and other proprietary rights.
AccuTracking Products can only be activated with AccuTracking service and may not be disassembled, re-engineered, reprogrammed, or commercialized to use other tracking services unless specifically authorized by AccuTracking Inc. in writing.
If you download software from AccuTracking, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by AccuTracking. AccuTracking does not transfer title to the Software to you. AccuTracking retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
The name “VTPLUG” and all AccuTracking product and service names and logos, graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by AccuTracking are service marks, trade names, trademarks and/or trade dress of AccuTracking. You may not use AccuTracking’s Marks for any reason or purpose whatsoever. All trademarks not owned by AccuTracking that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AccuTracking.
Information Provided By You
- Fees and Charges: You agree to pay AccuTracking the total charges for use of the Services, including, without limitation, service fees, administration costs incurred by AccuTracking if your account is past due, plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Services (as all such fees may be changed from time to time). AccuTracking shall have the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice.
- Service Plans: AccuTracking Hardware/Bundles are for their designated Service Plans only. Managed Devices are charged at their full bundle/package fee rate only.
- Billing Information: You are responsible to ensure that the billing information you provide AccuTracking is accurate. You agree to promptly notify AccuTracking of any changes in your billing information.
Billing Errors: Subject to applicable law, you must notify AccuTracking of any billing errors or other requests for refund within sixty (60) days of the date on which the error occurred.
- Refund: Prepaid payment is non-refundable ninety (90) days after the payment was made.
Termination and Expiration
Term: The term of this Agreement shall commence upon the installation of your Service, and shall continue on a month to month basis thereafter until terminated as provided for in this Agreement or until superseded by a revised Service Agreement.
Termination by You: You may terminate this Agreement for any reason at any time by providing AccuTracking with verbal or written notice of termination, in accordance with the terms of this Agreement.
Termination by AccuTracking: We may terminate this Agreement (i) at any time without prior notice if you fail to comply in full with any term of this Agreement, or (ii) for any other reason upon thirty (30) days notice to you. In the event AccuTracking terminates the Service for any reason other than your violation of this Agreement, any fees and charges will accrue through the date of termination but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due).
You agree to indemnify and hold AccuTracking, Inc. and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees, and agents harmless from any claim, liability, loss, expense, or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this web site.
Use of AccuTracking for Lawful, Internal Purposes Only. You agree that the client software may send your known location to the AccuTracking server. You are solely responsible for your conduct with respect to any Information, including without limitation your conduct in creating, storing, transmitting, disseminating, accessing, receiving, or using any information.
System Abuse Policy
System abuse is strictly prohibited. AccuTracking may terminate or modify service immediately if the client engages in system abuse. Following is a list of actions which are defined to be system abuse. This list is non-exclusive: attempting to circumvent user authentication or security of any host, network, or account on AccuTracking, Inc. or the Internet at large; attempting, in any way, to interfere with or deny service to any user or AccuTracking servers, or any host on the Internet; attempting to reverse engineer, de-compile, or disassemble any of AccuTracking's software and/or hardware; attempting to unlock/modify the AccuTracking device for service plans the device is not intended for; any other activity or activities that AccuTracking in its sole discretion determines is unethical or damaging to our other customers, users of the Internet, or AccuTracking's Network/device.
AccuTracking reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the this site and service, at any time, including, without limitation, for overuse or abuse of this site, without prior notice or liability.
Disclaimer of Warranties
This service is provided by AccuTracking, Inc. on an 'as is' basis. Neither AccuTracking, Inc. nor its partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through the service. AccuTracking, Inc. disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, AccuTracking, Inc. does not warrant that use of the service will be uninterrupted, available at any time or from any location, secured, and error-free. Every reasonable effort has been made to assure the accuracy of the data provided; nevertheless, some information may not be accurate. The burden of determining the accuracy, timeliness, completeness or appropriateness of use rests solely on you, the user.
Limitation of Liability
IN NO EVENT WILL ACCUTRACKING, INC., ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE; ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; AGGREGATE LIABILITY OF ACCUTRACKING, INC. OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES. IN NO EVENT SHALL ACCUTRACKING, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF ACCUTRACKING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.