ページを印刷する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.
26
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
27