Aetrex GPS Shoes Benutzerhandbuch - Seite 14

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Limitation of Liabilities:

ThESE ExPRESS, LIMITED WARRANTIES ARE IN LIEU OF ALL

OThER WARRANTIES, ExPRESS OR IMPLIED, INCLUDING ANY

IMPLIED WARRANTIES OF MERChANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE. TO ThE FULL ExTENT ALLOWED BY

APPLICABLE LAW, AETREx WORLDWIDE, INC., GTx CORP. AND

OMNILINk SYSTEMS INC ALSO ExCLUDE FOR ThEMSELvES

AND ThEIR SUPPLIERS ANY LIABILITY, WhEThER BASED

IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR

INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIvE DAMAGES

OF ANY kIND, OR FOR LOSS OF REvENUE OR PROFITS, LOSS

OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OThER

FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITh

ThE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE,

FAILURE, OR INTERRUPTION OF ThIS PRODUCT, EvEN IF AETREx

WORLDWIDE, INC., GTx CORP, AND OMNILINk SYSTEMS INC OR

ThEIR SUPPLIERS OR RESELLERS hAvE BEEN ADvISED OF ThE

POSSIBILITY OF SUCh DAMAGES, AND LIMITS ThEIR LIABILITY TO

REPLACEMENT, REPAIR, OR REFUND OF ThE PURChASE PRICE

PAID, AT ThEIR DISCRETION. ThIS DISCLAIMER OF LIABILITY FOR

DAMAGES ShALL NOT BE EFFECTED IF ANY REMEDY PROvIDED

hEREIN ShALL FAIL OF ITS ESSENTIAL PURPOSE.

DISCLAIMER: Some states or localities do not allow the exclusion

or limitation of implied warranties or the limitation of incidental or

consequential damages for certain products supplied to consumers,

or the limitation of liability for personal injury, so the above limitations

and exclusions may be limited in their application to you. When the

implied warranties are not allowed to be excluded in their entirety, they

will be limited to the duration of the applicable written warranty. These

warranties give you specific legal rights which may vary depending on

applicable local law.

GOvERNING LAW: These Limited Warranties shall be governed

exclusively by the laws of the State of New Jersey, USA, excluding

its conflicts of laws principles and excluding the United Nations

Convention on Contracts for the International Sale of Goods.

TRACkING PLAN

End User License Agreement

ALL TRACKING PLAN SERvICES OFFERED IN ASSOCIATION WITH YOUR AETREX

GPS SHOES ARE OFFERED BY AND PROvIDED INDEPENDENTLY FROM THIRD-

PARTY SERvICE PROvIDER GTX CORP. AND ARE ADMINISTERED BY OMNILINK

SYSTEMS INC.

AETREX WORLDWIDE, INC., GTX CORP, AND OMINILINK SYSTEMS INC. ARE

INDEPENDENTLY OWNED AND OPERATED.

YOUR PURCHASE AND USE OF TRACKING PLAN SERvICES ASSOCIATED WITH

YOUR GPS SHOES ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS

OF THIS SEPARATE AGREEMENT AND YOUR TIMELY PAYMENT OF TRACKING

PLAN SERvICE FEES.

TRACKING PLAN TERMS AND CONDITIONS:

IMPORTANT- READ CAREFULLY: BY CLICkING "I ACCEPT" ONLINE, OR BY USING

A DEvICE OR TRACkING PLAN (MONThLY, ANNUAL OR OThERWISE) OFFERED BY

OR PURChASED FROM OR DISTRIBUTED OR ADMINISTERED BY GTx CORP. AND/OR

OMNILINk SYSTEMS, INC. (COLLECTIvELY "OMNILINk"), "TRACkING PLAN ChECk-

IN" SERvICE, ANY FIRMWARE ON A DEvICE, OR ThE SERvICES AS DEFINED BELOW,

YOU (ON BEhALF OF YOURSELF OR AS AN AUThORIZED REPRESENTATIvE ON

BEhALF OF ANOThER INDIvIDUAL) AGREE TO ALL ThE TERMS AND CONDITIONS

OF ThIS END USER LICENSE AGREEMENT (ThE "AGREEMENT") WITh OMNILINk

REGARDING ThE USE OF SUCh DEvICE, TRACkING PLAN, ThE TRACkING PLAN

ChECk -IN SERvICE, ANY FIRMWARE ON SUCh DEvICE AND ThE SERvICES.

IF YOU DO NOT AGREE WITh ALL OF ThESE TERMS, DO NOT USE ANY SUCh

DEvICE, TRACkING PLAN, ThE TRACkING PLAN ChECk -IN SERvICE, ANY

FIRMWARE ON SUCh DEvICE, OR ThE SERvICES AND CLICk ON ThE "DO NOT

ACCEPT" BUTTON BELOW, OR DO NOT ACTIvATE YOUR TRACkING PLAN ACCOUNT.

IF YOU DO NOT ACCEPT, PLEASE NOTE ThAT YOU WILL NOT BE ABLE TO USE

ThE DEvICE, TRACkING PLAN, ThE TRACkING PLAN ChECk-IN SERvICE, ANY

FIRMWARE ON ThE DEvICE OR ThE SERvICES.

IN ThIS AGREEMENT, YOU (OR "CUSTOMER") AND OMNILINk ARE SOMETIMES

REFERRED TO INDIvIDUALLY AS A "PARTY" AND COLLECTIvELY AS ThE "PARTIES."

UNLESS OThERWISE DEFINED IN ThIS AGREEMENT, ALL CAPITALIZED TERMS WILL

hAvE ThE MEANING GIvEN TO ThEM IN SECTION 1.

ThE EFFECTIvE DATE OF ThIS AGREEMENT IS ThE DATE ThAT YOU ACCEPT ThIS

AGREEMENT BY CLICkING ON ThE "I AGREE" BUTTON ONLINE, OR ThE DATE ThAT

YOU OThERWISE BEGIN USING A TRACkING PLAN.

1. DEFINITIONS

In addition to the terms defined in the body of this Agreement, the following terms have

the following meanings:

"Tracking Plan Check-In" is a comprehensive location management program offered

by Omnilink which uses a Web-based software application, powered and owned by

Omnilink. The application, together with Devices, collects and stores certain data

(including Location Data) on Omnilink computer servers. This data is made available