K1 TRACKING & K1Tracking.com TERMS AND CONDITIONS OF USE
K1 TRACKING, LLC (“K1 Tracking”) offers access to and use of www.K1TRACKINGTRACK.COM and customer affiliated K1 tracking sites (“our Sites”) to you, subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our Sites, you agree to observe these Terms.
1. OWNERSHIP. K1 Tracking and our Service and Information Providers ("Providers"), own and have copyrights to our Sites and all of its contents. It is prohibited to copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, or information found on our Sites and affiliated sites. All software, applications, and modules used on our Sites are proprietary to us or licensed to us by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on our Sites.
2. COPYRIGHT AND TRADEMARK NOTICES. All contents of our Sites are All Rights reserved.
K1 Tracking and K1TRACKINGTRACK.COM are trademarks of K1 Tracking LLC.
3. USE OF SITE. You may only use our Sites if you are at least 18 years of age and can enter into binding contracts (our Sites are not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You are financially accountable for all uses of our Sites by you and anyone using your password and login information. You agree to be completely responsible for all charges, fees (including, but not limited to any monthly or use fees, international roaming charges, duties, taxes and assessments arising out of the use of our Sites. You also represent and warrant that all information supplied by you to us is true and accurate. Service Plans – K1 has a standard tracking package for installed units and a choice of subscription packages for portable units. Packages are either complimentary, billed daily, annually or monthly on PayPal or a credit or debit card that must be provided at time of activation. Packages terminate following one year from date of purchase or last renewal date, whichever is later, and unless specified in writing 30 days prior to K1, the package chosen will automatically renew under the previous Agreement for a term of one year billable by month. If the Customer so chooses, this package billing can be billed annually by contacting K1 and requesting an annual pre-payment. You may not use our Sites: to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Sites. Your access to our Sites may not be uninterrupted or available at all times. We cannot promise that our Sites will be error-free, that defects or errors will be corrected or that our Sites or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our Sites or take any action that imposes an unreasonable load on our computer equipment.
4. USER INFORMATION. Content you send to us via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk.
5. SOFTWARE AVAILABLE ON THIS SITE.
5.1. Any software that is made available to download from our Sites ("Software") is our copyrighted work, or our affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
5.2. For any Software not accompanied by a License Agreement, we hereby grant to you a personal, nontransferable license to use the Software for viewing and otherwise using our Sites in accordance with these terms and conditions and for no other purpose.
5.3. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on our Sites, is owned by us, our affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
5.4. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
5.5. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the
United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States export restrictions.
6. PRIVACY. You hereby represent and warrant that you own or have the right to submit all information you send to us. Your use of our Sites is subject to our Privacy Policy (the "Privacy Policy"). You represent and warrant that you have read the Privacy located at http://www.k1tracking.com/privacypolicy.html
Policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.
7. LINKS. Our Sites may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites or our endorsement of any material on those sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any site, including any site controlled by you, to our Sites without our express, written permission.
8. WARRANTY DISCLAIMER. WE MAKE NO, AND OUR PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES WILL BE ERROR-FREE, OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES.
9. LIMITATION OF LIABILITY. WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOU’RE DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR VEHICLE LOCATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN NOTIFIED OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, devious behavior, negligence, or under any other cause of action.
10. Warranty, Returns and Guarantee – At K1 Tracking.com Our goal is your total satisfaction. Customers can return any new and unopened product to us for any reason for a full refund of the purchase price less shipping, as long as it is received at our warehouse within 30 days from the original date of sale. Warehouse Address: 226 N. Nova Rd. #139 Ormond Beach, FL 32174. Any item which proves to be defective within the first 12 months from the date of sale will be replaced to you at no charge provided you first ship the defective item back to our warehouse postage paid. MotoTrak is guaranteed to be free from all defects and malfunctions in materials and workmanship for a period of 12 months from the original purchase date from K1 Tracking.com or authorized dealers. If the equipment functions improperly during the warranty period, K1Tracking.com will either repair or replace the unit without charge. Such repair service will include necessary adjustments, remanufacture, and replacements. The product should be returned freight-prepaid by the purchaser within valid warranty period. Notice that you must contact K1 Tracking.com for RMA # (Return Material Authorization number) before returning the goods for repair or replacement. Neglect, misuse or abuse, such as an incorrect testing, installation, or disassembling, soldering, alteration, unauthorized repair, and or electrical shock will void warranty. Guarantee – Any user who’s MotoTrak equipped vehicle that is not recovered while active tracking service is in good standing will be refunded the full purchase price of the MotoTrak unit.
11. INDEMNIFICATION. You will defend and indemnify us and any Provider and each of our officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our Sites.
12. GENERAL. The headings in these Terms are for your convenience and reference only. Such headings do not limit or affect these Terms. Your acceptance of these Terms and use of our Sites do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms at any time. Your continued use of our Sites, following any modification of these Terms, will be subject to the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our Sites, following any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and K1 Tracking can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your use of services and products through our Sites and to your use of other portions of our Sites will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between K1 Tracking and you relating to your use of our Sites, and replaces any prior understandings or agreements (whether verbal or written) regarding your use of our Sites. The laws of the State of Florida USA, without regard to its conflict of law rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our Sites or these Terms, you agree to file such action only in the appropriate courts located in the State of Florida (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms are effective July 30, 2008.
For questions or concerns please contact K1 Tracking customer service at 1.866.576.4892 |
