AGREEMENT BETWEEN USER AND Global Tracking Communication Inc.
The Global Tracking Communication Inc. Web Site is comprised of various
Web pages operated by Global Tracking Communication Inc. .
The Global Tracking Communication Inc. Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Global Tracking Communication Inc. Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Global Tracking Communication Inc. reserves the right to change the
terms, conditions, and notices under which the Global Tracking Communication Inc. Web Site is offered, including but not limited to the charges
associated with the use of the Global Tracking Communication Inc. Web
Site.
LINKS TO THIRD PARTY SITES
The Global Tracking Communication Inc. Web Site may contain links to
other Web Sites (Linked Sites). The Linked Sites are not under the
control of Global Tracking Communication Inc. and Global Tracking Communication Inc. is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Global Tracking Communication Inc. is not responsible for webcasting or any other form of
transmission received from any Linked Site. Global Tracking Communication Inc. is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Global Tracking Communication Inc. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Global Tracking Communication Inc.
Web Site, you warrant to Global Tracking Communication Inc. that you
will not use the Global Tracking Communication Inc. Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Global Tracking Communication Inc. Web
Site in any manner which could damage, disable, overburden, or impair
the Global Tracking Communication Inc. Web Site or interfere with any
other partys use and enjoyment of the Global Tracking Communication Inc. Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Global Tracking Communication Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The Global Tracking Communication Inc. Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a
group (collectively, Communication Services), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of anothers computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in
such manner.
Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Global Tracking Communication Inc. has no obligation to monitor the
Communication Services. However, Global Tracking Communication Inc.
reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Global Tracking Communication Inc. reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any
reason whatsoever.
Global Tracking Communication Inc. reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
Global Tracking Communication Inc. s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Global Tracking Communication Inc. does not control or endorse
the content, messages or information found in any Communication Service
and, therefore, Global Tracking Communication Inc. specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized Global Tracking Communication Inc. spokespersons, and their views do not necessarily reflect
those of Global Tracking Communication Inc. .
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Global Tracking Communication Inc. OR POSTED AT ANY Global Tracking Communication Inc. WEB SITE
Global Tracking Communication Inc. does not claim ownership of the
materials you provide to Global Tracking Communication Inc. (including
feedback and suggestions) or post, upload, input or submit to any Global Tracking Communication
Inc. Web Site or its associated services
(collectively Submissions). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Global Tracking Communication Inc. , its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Global Tracking Communication Inc. is under no
obligation to post or use any Submission you may provide and may remove
any Submission at any time in Global Tracking Communication Inc. s sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Global Tracking Communication Inc. WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Global Tracking Communication Inc.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Global Tracking Communication
Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Global Tracking Communication Inc. WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Global Tracking Communication Inc. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Global Tracking Communication Inc.
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Global Tracking Communication Inc. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Global Tracking Communication Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Global Tracking Communication Inc.
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Global Tracking Communication Inc. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Global Tracking Communication Inc. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Global Tracking Communication Inc. WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Global Tracking Communication Inc. OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE Global Tracking Communication Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Global Tracking Communication Inc. WEB SITE.
SERVICE CONTACT: Email Us
TERMINATION/ACCESS RESTRICTION
Global Tracking Communication Inc. reserves the right, in its sole
discretion, to terminate your access to the Global Tracking Communication Inc. Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in King County, Washington, U.S.A. in all disputes arising out of
or relating to the use of the Global Tracking Communication Inc. Web
Site. Use of the Global Tracking Communication Inc. Web Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Global Tracking Communication Inc. as a result of this agreement or use of the Global Tracking Communication
Inc. Web Site. Global Tracking Communication Incs performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
Global Tracking Communication Inc. s right to comply with governmental,
court and law enforcement requests or requirements relating to your use
of the Global Tracking Communication Inc. Web Site or information
provided to or gathered by Global Tracking Communication Inc. with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Global Tracking Communication
Inc. with respect to the Global Tracking Communication Inc. Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Global Tracking Communication Inc. with respect to
the Global Tracking Communication Inc. Web Site. 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 this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Global Tracking Communication Inc. Web Site are:
Copyright © 2004 Global Tracking Communication Inc. and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Providers Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.