Terms and conditions
TRACKEM® Website means the website currently located at Trackem.com, any other websites hereafter designated by Provider as a TRACKEM® Website, and all of their respective constituent web pages. Information means all information provided by, available through, or offered for use on or in connection with TRACKEM®, including without limitation all information provided on, available through, or offered for use on or in connection with the TRACKEM® Website. Materials means, collectively and severally, every tangible thing you receive from Provider; everything you see or read on the TRACKEM® Website.
Third Party or Third Parties means any and all organizations, entities or individuals other than Provider and you. User means a person or persons using TRACKEM®, and includes a Subscriber as defined in the Subscriber Agreement. You and your refers to you as User.
Use of TRACKEM® for Lawful, Internal Purposes Only:
Not for Navigation:
You acknowledge and agree that TRACKEM® is not a navigational aid, and you agree and warrant that TRACKEM® will not be used in navigation.
Not for Emergency Use:
You acknowledge and agree that TRACKEM® is not for emergency use, and you agree and warrant that TRACKEM® will not be used for emergency purposes. Furthermore, if your device offers an “emergency” button or other emergency functionality you agree that this may send your last known location to the TRACKEM® server.
Use of Information:
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.
USE TRACKEM® AT YOUR OWN RISK. TRACKEM® IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Without limiting the foregoing, Provider does not warrant that TRACKEM® or its operation will be accurate, reliable, uninterrupted, error-free or free of viruses or other harmful agents, nor does Provider warrant that any Information will be accurate, reliable, complete, or timely. You acknowledge that Information may be transmitted via satellite and over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by local and long distance carriers, utilities, satellite companies, communications companies, Internet service providers and other Third Parties, all of which are beyond the control of Provider. You accept all risk arising out or relating to the delay, failure, interruption, corruption, or interception of any Information. No agent or representative has the authority to create any warranty regarding TRACKEM® on behalf of Provider.
Exclusion and Release of Liability; Exclusion of Consequential Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY BREACH OF, OR OTHER CLAIM RELATING TO, THE SUBSCRIBER AGREEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER SHALL NOT BE LIABLE FOR, AND YOU PROSPECTIVELY WAIVE AND RELEASE PROVIDER FROM, ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF TRACKEM®, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO OR USE OF THE SECURE ASSET REPORTING SERVICES, THE INFORMATION, THE MATERIALS, OR ANY OTHER SERVICES AVAILABLE THROUGH OR USED IN CONJUNCTION WITH TRACKEM®; ANY CLAIMS ARISING OUT OF OR RELATING TO THE CREATION, CONTENT, STORAGE, TRANSMITTAL, DISSEMINATION, ACCESSING, RECEIPT, USE, DELAY, FAILURE, INTERRUPTION, CORRUPTION, OR INTERCEPTION OF ANY INFORMATION; AND ANY CLAIMS ARISING OUT OF OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR LOSS OF SERVICE; PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT RELEASE PROVIDER OF INTENTIONAL OR WILLFUL MISCONDUCT. IF, DESPITE THE FOREGOING, PROVIDER IS FOUND TO BE LIABLE TO YOU, THEN THE ENTIRE AGGREGATE LIABILITY OF PROVIDER FOR ALL CLAIMS AND CAUSES OF ACTION FOR BREACH OF, OTHER CLAIM RELATING TO, THE SUBSCRIBER AGREEMENT, OR WHICH ARISE OUT OF OR RELATE TO YOUR USE OF TRACKEM®, WHETHER BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY OR OTHERWISE, FOR ANY PERSONAL INJURY OR ILLNESS OR DEATH, DAMAGE TO OR LOSS OF ANY REAL OR PERSONAL PROPERTY, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, DESTRUCTION OF BUSINESS OR OTHER BUSINESS INJURY, AND ANY OTHER INJURIES OR DAMAGES OF ANY KIND SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE SERVICE FEES ACTUALLY PAID BY YOU UNDER THE SUBSCRIBER AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST OR IMPUTED PROFITS, BUSINESS INTERRUPTION, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR PUNITIVE DAMAGES.
Additional Protected Entities:
For purposes of any disclaimers of warranty, any exclusions or limitations of liability or damages, any indemnity provisions, any and all references to "Provider" shall mean Provider, its Suppliers, and their respective officers, directors, agents, shareholders, owners, employees, trustees, administrators, receivers, sureties, insurers, attorneys, successors and predecessors in interest, parent and subsidiary and affiliated corporations, communications providers, partners, licensors and suppliers, attorneys, assigns and receivers of each of the foregoing, past, present and future.
TRACKEM® is not intended to replace or eliminate the need for any safety equipment. You agree to have and maintain all safety equipment that may be required or advisable with respect to any asset being tracked using TRACKEM®.
Links to Third Party Sites:
Links to sites operated by Third Parties ("Linked Sites") will let you leave the TRACKEM® Website. Linked Sites are not under the control of Provider, and Provider is not responsible for the contents of any Linked Sites or any link contained in any Linked Sites, or any changes or updates to such sites. Provider is not responsible for any information, data, or transmission of any kind received from any Linked Sites. Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Provider of any Linked Sites or of any information, product or services.
You agree to defend, indemnify and hold Provider, its Suppliers, and their respective officers, directors, agents, shareholders, owners, employees, trustees, administrators, receivers, sureties, insurers, attorneys, successors and predecessors in interest, parent and subsidiary and affiliated corporations, communications providers, partners, licensors and suppliers, attorneys, assigns and receivers of each of the foregoing, past, present and future, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, arising from or relating to or alleged to arise from or relate to your use of TRACKEM®.
Provider or its suppliers shall retain all right, title and interest, including without limitation all copyright, patent, trade secret, trademark and other proprietary rights, in any and all intellectual property embodied in TRACKEM®, including without limitation all source code, object code, databases, user interface screens, algorithms, development frameworks, repositories, system designs, system flow, processing techniques and procedures related thereto, online and/or printed documentation, copies, and derivatives of any of the foregoing, in whole or in part. You should assume that all Materials are copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. Except as otherwise expressly provided in this section, you may not copy, distribute, transmit, display, perform, reproduce, publish, modify, rewrite, reverse-engineer, disassemble, de-compile, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), create derivative works from, license, sublicense, transfer, or sell any Information or Materials without the prior written consent of the copyright owner. You agree to comply with all provisions of any license applicable to any software included in Materials. If you violate any of the terms of this section, your permission to use TRACKEM® will automatically terminate. In addition, violation of the provisions of this section may subject you to severe civil and criminal penalties.
Requests to reproduce Materials should be sent to Provider at: Solutions Into Motion® Limited. 601 Tradewind Drive. Unit 4, Ancaster On. L9G 4V5
Modification of TRACKEM® Website:
You agree that Provider may modify the appearance or operation of the TRACKEM® Website at any time for any reason, with or without notice. You agree that Provider will not be liable to you or any Third Party as a result of such modification.
Your right to access or use TRACKEM® will automatically terminate upon the expiration or other termination of your Subscriber Agreement. Terminating your service before the end of the agreed term will result in a cancellation administration fee for each subscriber. These are considered liquidating damages, no penalties will apply. The cancellation charge will be $100.00 and must be paid for termination for any reason. In the case of the Lease bundle, termination is subject to the Terms and Conditions of your lease with the third party Leasing Company.
Subscriptions shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the initial term. This automatic renewal allows your service to remain uninterrupted. If you do not wish for your subscription to be automatically renewed, you must manually cancel your subscription by contacting us at 1-866-868-7225 (and requesting a Cancellation Form) prior to the expiration of the then-current term. Upon any term change or cancellation, your subscription will remain active through your then-current term; however your subscription will not be automatically renewed upon the expiration of this term. Subscriptions that have been automatically renewed on a term will be subject to a cancellation fee of $100.00 per device.
Compliance with Laws:
You are responsible for compliance with all federal, provincial, state, and local laws applicable to your use of TRACKEM®.
Jurisdiction and Limitation of Action:
Solutions Into Motion Limited is committed to protecting the personal information of our customers, employees and other individuals.
When you conduct business with Solutions Into Motion Limited, you can be assured that your privacy is protected. We respect your right to control the collection, use and disclosure of your personal information.
Before, or at the time we ask you for personal information, we will identify the purposes for which it will be used or disclosed.
We require your knowledge and consent for the collection, use, or disclosure of personal information. We do not sell, or give your personal information to third parties.
We will only use or disclose your personal information with your consent. We will only retain your information as long as necessary to fulfill identified purposes.
We will protect your personal information.
You are entitled to question us about our compliance with any of these principles.
We request personal information to help us serve our customers. This information can include your name, address, phone number(s), fax number(s), email address(es) or website URL. We obtain this information from our online order forms, invoice payment forms, and from personal contact.
We only collect personal information that we need for the following purposes:
1) To understand your needs and to meet those needs.
2) To detect and prevent fraudulent ordering from Solutions Into Motion Limited.
3) To meet legal requirements and to protect both our customers and Solutions Into Motion Limited from legal action(s).
Information We Collect
You can visit all public areas of our site without providing any personal information about yourself. Our Web site tracks only information based on a visitor's Internet Protocol address (IP). Information collected includes the date and time of visit, the type of Internet browser used to access the site, the country of origin and the referring URL address. This data is used to create statistics on site usage, track Solutions Into Motion Limited's search engine marketing and to improve online services.
To help us manage our web site, we may set a cookie on your computer that expires when you close your web browser.
Links to Outside Sites
The Trackem website may contain links to other web sites to which Solutions Into Motion Limited is affiliated. We can not be held responsible for content on these third party websites.
Last updated: 03/22/12