Tracker Technologies Inc., including its subsidiaries (collectively "Tracker Technologies"), makes available any and all information, materials, services and products on this Web site, subject to the following terms, conditions and notices. By accessing and using this site, you are deemed to agree to, without modification, the terms, conditions, and notices contained herein. Tracker Technologies may change such terms, conditions and notices from time to time, at its sole discretion and without prior notice, and you agree to comply with and be bound by such terms and conditions, as they may be modified, changed, or amended.
By accessing this Web site, you have directed your system to material provided by a company located in the Province of British Columbia, Canada. You agree that disputes arising out of or relating to the contents or use of this Web site are to be governed by the laws of the Province of British Columbia and any applicable Federal law of Canada and you consent to the exclusive jurisdiction of courts sitting in the Province of British Columbia in all disputes arising out of or relating to the contents or use of this Web site. You agree that the venue of any action brought against Tracker Technologies shall be within the British Columbia or Canadian Federal court system. You agree that all such disputes shall be tried by the court according to the laws of British Columbia and Canada applicable therein without reference to conflict of laws principles and hereby waive any right to trial by jury.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tracker Technologies as a result of this agreement or use of this Web site.
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disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and Tracker Technologies with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tracker Technologies with respect to this 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data
mentioned herein are not intended to represent any real individual,
company, product or event.
2. FORWARD LOOKING INFORMATION
Materials and information in the Tracker Technologies Web site may
contain forward-looking statements within the meaning of the United
States Private Securities Reform Act of 1995 and other applicable
legislation, regarding future events and the future performance of
Tracker Technologies that involve risks and uncertainties that could
cause actual results to differ materially. Such forward-looking
statements may include, without limitation, statements that Tracker
Technologies does not expect that claims, lawsuits, environmental
costs, commitments, contingent liabilities, labor negotiations or other
matters will have a material adverse effect on its consolidated
financial condition, results of operations or liquidity and other
similar statements concerning matters that are not historical facts,
and projections or predictions as to Tracker Technologies' financial
or operational results. Such forward-looking statements are or will be
based on information available at that time, are not guarantees of
future performance and involve known and unknown risks and
uncertainties, and other factors which may cause the outlook, the
actual results or performance of Tracker Technologies or the industries
in which it participates to be materially different from any future
results or performance implied by such statements. Important factors
that could case such difference include, but are not limited to,
industry competition and legislative and/or regulatory developments,
changes in or compliance with environmental laws and regulations,
natural events such as severe weather, floods and earthquakes, the
effects of adverse general economic and business conditions, changes
in fuel prices, labor strikes, the impact of Year 2000 systems
problems, environmental investigations or proceedings and other types
of claims and litigation and other risks detailed from time to time in
reports filed by Tracker Technologies with securities regulators in
Canada and the United States.
3. COPYRIGHT AND TRADEMARK
The information, graphics, and other material on this Web site are protected under the copyright laws of Canada and of other countries. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Web site may constitute trade-names, trade-marks or service marks of Tracker Technologies or its subsidiaries, or the use of which may have been licensed to them. The display of trade-marks, trade-names or service marks on pages at this Web site does not imply that a license of any kind has been granted to anyone else.
Other trade-marks, trade-names or service marks on pages at this Web site are registered by and belong to their respective owners.
Any unauthorized downloading, retransmission, republication or other copying or modification of material posted on this Web site, including trade-marks, trade-names and service marks, may violate federal, common or civil law trade-mark law and copyright law, is prohibited and may result in legal action.
If you are authorized to download, copy, display, exhibit, share, or
otherwise distribute the content of this Web site, you must explicitly
acknowledge Tracker Technologies as the provider of such content.
Tracker Technologies reserves the right to require you to delete,
destroy or otherwise remove any content that is used in a manner that
in Tracker Technologies' opinion is contrary to this agreement. You
agree that any person to whom you supply the content, directly or
indirectly, will be advised of the terms of this Agreement, and that
each such person is bound by these terms. You may in no way modify,
reformulate, adapt, alter, adjust, change, disassemble, frame or
decrypt any of the content of this Web site.
4. DISCLAIMER OF WARRANTIES
The information, materials and software algorithms contained in this site or which may be downloaded from this site, including text, graphics and hyperlinks, are provided "as is" and "as available". Tracker Technologies does not warrant the accuracy, adequacy or completeness of such information, materials and software algorithms and expressly disclaims liability for errors or omissions in the information, materials and software algorithms. All visitors to Tracker Technologies' site should be aware that Internet software and operation and transmission problems can produce inaccurate or incomplete copies of the information or documents downloaded from our site and displayed on your computer.
No warranty of any kind, implied, express or statutory, including but
not limited to warranties as to non-infringement of intellectual
property rights or third party rights, title, latent defects,
uninterrupted service, merchantability, fitness for a particular
purpose and freedom from computer viruses, is given in conjunction with
the information, materials and software algorithms.
5. EXCLUSION OF LIABILITY
Your use of this Web site is at your own risk and in no event will Tracker Technologies or its officers, directors or employees, suppliers or contributors to this site be liable for any damages, including without limitation, direct or indirect, special, punitive, exemplary, incidental, moral or consequential damages, loss of profits, opportunities or information, damages for business interruption or loss of programs or other data on your information handling system or for other expenses arising out of or in connection with this web site, with any software algorithms available thereon or with any hyperlinked web site or for use thereof or inability to use by interruption, defect, delay in operation or transmission, computer virus, worms, Trojan horses or other items of a destructive nature or line or system failure, even if Tracker Technologies is advised of the possibility of such damages, losses or expenses. Software algorithms made available and hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by Tracker Technologies. FOR GREATER CERTAINTY, THIS EXCLUSION OF LIABILITY APPLIES TO ANY AND ALL NEGLIGENCE OF TRACKER TECHNOLOGIES INC. OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES OR OF ANY SUPPLIER OR CONTRIBUTOR TO THIS SITE.
Tracker Technologies tries to ensure that all information is as complete and accurate as reasonably possible at the time of its posting on the Web site. However, Tracker Technologies does not give any warranty whatsoever with respect to such material. Specifically, Tracker Technologies gives no warranty including as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose, or non-infringement of an intellectual property right with respect to any information, graphics and/or other material available through this Web site and disclaims any liability for failure to update this Web site or for errors or omissions in the content of the site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Tracker Technologies may also make improvements and/or changes in the services and/or the programs described in this information at any time without notice.
You agree to indemnify, contribute to and hold harmless Tracker
Technologies, its subsidiaries, affiliates, contractors, agents,
officers, directors and/or employees, against any liability, be it
civil, criminal or quasi-criminal, resulting from your use of this Web
site REGARDLESS OF WHETHER NEGLIGENCE OF TRACKER TECHNOLOGIES INC., ITS
SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS
AND/OR EMPLOYEES, MAY HAVE CAUSED OR CONTRIBUTED THERETO. You shall be
responsible to the full extent of any liability, payment or other
agreement made by Tracker Technologies, its subsidiaries, affiliates,
contractors, agents, officers, directors and/or employees, in
settlement and/or satisfaction of any claim or potential claim, whether
such payment or agreement is made or concluded prior to or following
the institution of formal proceedings against Tracker Technologies, its
subsidiaries, affiliates, contractors, agents, officers, directors
6. LINKS TO OTHER SITES
The Tracker Technologies Web site contains links to facilitate your
access to third party sites. Tracker Technologies does not control any
third party site and is not responsible for the contents of any linked
site or any link contained in a linked site. Tracker Technologies is
providing such link to you only as a convenience and the inclusion of
any link does not imply endorsement, investigation or verification by
Tracker Technologies of the linked site or information contained
7. INTERNET EMAIL
The Internet is not yet a fully secure medium, and therefore confidentiality and privacy of the information transmitted thereon cannot be ensured. We urge you NOT to send credit card numbers or other sensitive information by Email. Be aware that all Email potentially passes through numerous intermediate relays as it traverses the Internet. Few can be considered secure.
While Tracker Technologies may use the Secure
Socket Layer (secure server) page for many communications, Tracker
Technologies will not be liable for any damages resulting from the
transmission of confidential or personal information.
We will not knowingly disclose to third
parties the Email addresses, personal information or attributable
contents of Email sent to us unless we are required by law to do so, or
we believe that the nature of a message may be illegal. Email sent by
Tracker Technologies is deemed to be sent under the same conditions,
and subject to the legal notice in the message signature.
Images of people, objects, or places displayed on Tracker Technologies's
Web site are either the property of, or used with permission by,
Tracker Technologies. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by these
terms and conditions or specific permission is provided elsewhere on
the site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity or other
9. USE OF INFORMATION
Should any viewer of this Web site respond with information including
feedback data, such as questions, comments, suggestions, or the like,
such information shall be
deemed to be non-confidential and Tracker Technologies shall have no
obligation of any kind with respect to such information and shall be
free to reproduce, use, disclose and distribute the information to
others without limitation. Further, Tracker Technologies shall be free
to use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever including but not limited to
developing, manufacturing and marketing products or services
incorporating such information.
10. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Tracker
Technologies that you will not use this Web site for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
Although Tracker Technologies may from time to time monitor or review
postings, transmissions, bulletin boards, and the like on the Site,
Tracker Technologies is under no obligation to do so
and assumes no responsibility or liability arising from the content of
any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the
Site. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, 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. Tracker
Technologies will fully cooperate with any law enforcement authorities
or court order requesting or directing Tracker Technologies to disclose
the identity of anyone posting any such information or materials.
Tracker Technologies values the privacy and the security of its information. We undertake to take care of information you provide to us in the course of doing business.
Unless required by law, we will not knowingly disclose Email addresses or any personal information to a third party. Tracker Technologies does not rent or sell customer databases under any circumstances. Your e-mail address will not be added to update our mailing list unless you give us explicit permission to do so. At any time you may remove your e-mail address from the mailing list. Tracker Technologies does not distribute aggregate statistics about its clients or Web site users.
No one from Tracker Technologies will ever contact you by Email and request that you disclose your credit card number or any other sensitive information. Tracker Technologies reserves the right to disclose as it sees fit credit card information and related details which have been used for fraudulent transactions.
12. US Federal Agency Disclaimer
The use of the name, seal or initials of any US Federal Agency or Department eg. NIMA or USGS, does not indicate any endorsement or authorization of Tracker Technologies Inc. by such Agencies or Departments.
13. YEAR 2000
Statements included herein and all other information provided to you,
regarding Tracker Technologies Inc.'s state of Year 2000 compliance or
its Year 2000 data processing capabilities, either in writing or via
electronic form, including via our Internet Web site, either in the
past or present, regarding any products or services offered by Tracker
Technologies Inc. are "Year 2000 Readiness Disclosures" in conformity
with the Year 2000 Information and Readiness Disclosure Act of 1998
(Public Law 105-271, 112 STAT. 2386) enacted on October 19, 1998. This
designation applies to all information delivered directly to you, or
through or derived from our Internet Web site, both in the past and
present, and includes all other related Year 2000 materials.