iTraq, Inc. Terms & Policies

This End User License Agreement ("EULA") is a legal agreement between you and iTraq, Inc. ("iTraq") for use of the software embedded on your iTraq location product and application software ("Product") as originally delivered by iTraq ("Software"). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY, IF APPLICABLE.

License Grant 

iTraq hereby grants to you a non-exclusive, non-transferable limited copyright license to use the Software embedded on the Product. All rights not expressly granted are reserved by iTraq. This license is with respect to copyright rights only and specifically excludes any and all patent rights. The terms of this EULA will govern any upgrades provided by iTraq that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first thirty (30) days after you first use the Software unless you supply information necessary to activate your subscription to the iTraq location service ("Service"). For example, you may activate the Service by adding your iTraq device to iTraq mobile application.

Restrictions

You agree not to exceed the scope of the foregoing license, copy, create derivative works, reproduce, modify or distribute the Software. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control.

No Other Rights

Any rights not expressly granted to you are reserved by iTraq and its affiliates. Neither this EULA, nor any act by iTraq pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide, either expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights or any other intellectual property rights of iTraq or its affiliates, except as expressly provided in Paragraph 1 of this EULA.

Ownership

The Software is licensed and not sold. You agree that iTraq and its licensors retain all right, title and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see "Additional Notices" available at http://www.itraq.com/legal/ for ownership and licensing information about additional software components included with the Product, if any.

Upgrades

To use Software identified as an upgrade, you must first be licensed for the Software identified by iTraq as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. You acknowledge and agree that iTraq may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software.

Technical Information

You agree that iTraq and its affiliates may collect and use technical information related to the Product, the Service and your usage thereof. Our use of such information is further described in our iTraq Privacy Policy located at http://www.itraq.com/legal/.

Termination

This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, iTraq may terminate this Agreement at any time upon notice to you and by posting notice on our website located at http://www.itraq.com. Upon termination you agree to immediately erase the Software from your Product and personal computer. Sections 2, 3, 4 and 7-13 shall survive the expiration or termination of this EULA.

DISCLAIMER OF WARRANTY._ THE SOFTWARE IS LICENSED TO YOU "AS IS." ITRAQ, IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON�INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITRAQ, IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS.

WAIVER OF CONSEQUENTIAL DAMAGES._TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITRAQ OR IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF ITRAQ OR ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY._NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY (IN THE AGGREGATE) OF ITRAQ, ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ITRAQ WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY PERTAINING TO THE PRODUCT) SHALL BE LIMITED TO US $50.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8, 9 AND 10) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Export

The Software is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.

U.S. Government End Users

This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. The Software is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this EULA.

Miscellaneous

This EULA is governed by the laws of the State of Washington, USA, without regard to Washington's conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this EULA shall not be affected thereby. Certain additional notices are incorporated into this EULA which iTraq, Inc. is required to provide with certain software components. Those notices are found at http://www.itraq.com/legal/ and are incorporated herein by this reference. Your use of software components together with the iTraq, Inc. software is subject to the terms of your separate license from iTraq, Inc. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user. Please keep in mind that the iTraq Privacy Policy, Terms of Use and Terms of Sale for your Product are additional contracts that you agree to and by which you also are bound. A copy of the iTraq Privacy Policy, Terms of Use & Terms of Sale may be found at http://www.itraq.com/legal. Please keep this EULA, a copy of the iTraq Privacy Policy, Terms of Use and the Terms of Sale for your records. This EULA constitutes the entire agreement between you and iTraq regarding its subject matter and supersedes any prior or contemporaneous agreement, whether written or oral, relating to the subject matter of this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the remaining provisions of this EULA shall continue in full force and effect. This EULA may be updated from time to time and each update shall be effective immediately upon its posting on this web page.

ITraq, Inc. (“ITraq”) Standard One (1) Year Limited Product Warranty (the “Limited Product Warranty”)

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR JURISDICTION’S APPLICABLE LAW. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE, FEDERAL OR OTHER APPLICABLE JURISDICITONAL LAW.ITraq’s warranty obligations for this hardware product are limited to the terms set forth below: ITraq warrants to the original purchaser that your hardware product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“Warranty Period”). Whether a defect occurs will be determined solely with reference to the product documentation. If a hardware defect arises and a valid claim is received by ITraq within the Warranty Period, ITraq will, in its sole and exclusive discretion and to the extent permitted by law, either (1) repair (or request that you repair pursuant to the next succeeding sentence) the product at no charge, using new parts or reconditioned parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (but not the purchase price of the ITraq service(s) included with the product), provided that you return the product to ITraq as provided below. ITraq may request that you replace defective parts with new or refurbished user_installable parts that ITraq provides in fulfillment of its warranty obligation. A replacement product or part, including a user_installable part that has been installed in accordance with instructions provided by ITraq, assumes the remaining warranty of the original product or ninety (90) days from (1) the date of replacement or repair, or (2) in the case of user-installable parts, the date that is ten (10) days after the date that ITraq ships the parts to you), whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes ITraq’ property. Parts provided by ITraq in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, ITraq may require that the product for which the refund is provided is returned to ITraq, at which time it shall become ITraq’ property. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Product Warranty.

Exclusion And Limitations

This Limited Product Warranty applies only to the hardware product manufactured by or for ITraq that can be identified by the “ITraq” trademark, trade name, or logo annexed to it, provided however, the Limited Product Warranty does not include accessories even if identified by the “ITraq” trademark, trade name or logo. Further the Limited Product Warranty does not apply to any software, including software embedded in the ITraq product, or non_ITraq hardware, even if packaged or sold with the ITraq hardware. Manufacturers, suppliers, or third parties other than ITraq may provide their own warranties, but ITraq, to the extent permitted by law and except as otherwise specifically set forth herein, provides its products “AS IS”. Software distributed by ITraq with or without the ITraq brand name (including, but not limited to system software) is not covered under this Limited Product Warranty. Refer to the End User License Agreement (EULA) at www.iTraq.com/legal for details of your rights and obligations with respect to the use of such software. ITraq does not warrant that the operation of the product will be uninterrupted or error_free. ITraq is not responsible for damage arising from any failure to follow instructions relating to the product’s use. Transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product. This Limited Product Warranty is not transferable to any third party, including but not limited to any subsequent purchaser, owner or user of the product. This Limited Product Warranty does not apply: (a) if damage or defects are caused by customer or other third party abuse, accident, neglect, improper handling, utilization or installation, or by failing to operate the product in compliance with the user manual, quick start guide or other user guides or product documentation; (b) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship by ITraq; (c) if damage or defects are caused by the battery being tampered with to cause a short_circuit, or if the seals of the battery enclosure or the cells are broken or show evidence of tampering; (d) if damage or defects are caused by a defective function of the wireless network or if the product software needs to be upgraded due to changes in wireless network parameters; (e) to cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product; (f) if damage or defects are caused by rough handling, physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of ITraq; (g) in the case of the charging base station and other components other than the tracking device, if damage or defects are caused by exposure to moisture or dampness; and, in the case of the tracking device, if damage or defects are caused by submersion in water; (h) if damage or defects are caused by the product being used with or connected to an accessory not approved or certified by ITraq; (i) if damage or defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external causes beyond the reasonable control of ITraq; (j) if damage or defects are caused by operating the product outside of the permitted or intended uses described by ITraq; (k) if damage or defects are caused by service (including upgrades and expansions) performed by anyone who is not a representative of ITraq or a ITraq authorized retailer or service provider; (l) if a product or part has been modified to alter functionality or capability without the written permission of ITraq; (m) if any serial number has been removed or defaced, (n) to a recalled product, part or component, if a replacement product, part or component was made available by ITraq, or (o) to commercial use of the product.Important: Do not open the hardware product itself. Opening the hardware product may cause damage that is not covered by this Limited Product Warranty. Only ITraq or a ITraq authorized service provider should perform service on this hardware product.

Disclaimer Of All Other Warranties

TO THE EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR ANY PRODUCT, SOFTWARE OR SERVICE. AS PERMITTED BY APPLICABLE LAW, ITRAQ, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON_INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF ITRAQ, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY ITRAQ IN ITS SOLE DISCRETION. No ITraq reseller, agent, partner, affiliate or employee is authorized to make any modification, extension, or addition to these Limited Product Warranties. If any term is held to be illegal or unenforceable, a substitute term shall be deemed to have been inserted which is not illegal and best reflects the meaning of the voided term and the legality or enforceability of the remaining terms shall not be affected or impaired.

Limitation Of Liability

ITRAQ, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY ITRAQ PURSUANT TO THIS AGREEMENT, THE BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO INCONVENIENCE, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ITRAQ’S CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE HARDWARE PRODUCT. YOU HEREBY RELEASE ITRAQ, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. ITRAQ IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO (i) YOUR BREACH OF THIS AGREEMENT OR (II) ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE USE OF A ITRAQ PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. ITRAQ, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those jurisdictions. However, the parties intend for this limitations of liability provision to apply to the maximum extent allowed under applicable law. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Limited Product Warranty.

Obtaining Warranty Service

Please access and review the online help resources located at http://support.itraq.com/ before seeking warranty service. If the product is still not functioning properly after making use of these resources, access the online website http://support.itraq.com/ for instructions on how to obtain warranty service. You must follow ITraq’ warranty process. ITraq may provide warranty service (i) at a ITraq authorized retailer or service provider location, where service is performed at the location, or the ITraq authorized retailer or service provider may send the product to a ITraq repair service location for service, (ii) by sending you prepaid shipping labels (and if you no longer have the original packaging, ITraq may send you packaging material) to enable you to ship the product to ITraq’ repair service location for service, or (iii) by sending you new or refurbished customer_installable replacement product or parts to enable you to service or exchange your own product (“DIY Service”). Upon receipt of the replacement product or part, the original product or part becomes the property of ITraq and you agree to follow instructions, including, if required, arranging the return of the original product or part to ITraq in a timely manner. When providing DIY Service requiring the return of the original product or part, ITraq may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, ITraq will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replacement product or part as instructed, ITraq will charge the credit card for the authorized amount. Service options are subject to change at any time. In accordance with applicable law, ITraq will require that you furnish proof of purchase details before receiving warranty service. Please refer to the documentation accompanying the product for more details on this and other matters on obtaining warranty service. Your product will be returned to you configured as originally purchased, subject to applicable updates.

IMPORTANT: YOU MUST READ AND AGREE TO THESE ITRAQ PRODUCT TERMS OF SALE (THIS "AGREEMENT") BEFORE OPENING OR USING THE ITRAQ LOCATION TRACKER (THE "PRODUCT") IN ANY WAY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU HAVE NO RIGHT TO USE THE PRODUCT, AND YOU MUST, WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THE PRODUCT, (A) CONTACT ITRAQ, INC. ("ITRAQ," "WE," "US," "OUR") AT SUPPORT@ITRAQ.COM AND (B) ARRANGE FOR THE RETURN OF AND REFUND FOR THIS PRODUCT DIRECTLY FROM THE SOURCE FROM WHICH YOU PURCHASED IT. ITRAQ WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO ASSIST YOU WITH RETURNS AND REFUNDS. IF YOU WISH TO RETURN THIS PRODUCT BECAUSE YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUCH RETURNS WILL ONLY BE ACCEPTED BY THE PURCHASE SOURCE IF THE PRODUCT IS IN ITS ORIGINAL PACKAGING WITH ALL PARTS AND MATERIAL INCLUDED.

This Agreement shall govern the sale and license to you ("User," "you," "your") use of the Product by ITraq. The Product is designed to be used in connection with the Service(s) (as that term is deemed in ITraq's Terms of Use, available at http://www.iTraq.com/legal) or by ITraq (ITraq's "Terms of Use"). This Agreement shall apply only to the Product itself, and not the Services. The Terms of Use shall govern your use of the Services. You understand and agree that references herein to the "Product" shall mean all parts and components of the Product (including without limitation the Software (as defined below) and any documentation provided by ITraq in connection with the Product).

Product Use

You may only use the Product for User's own personal, non-commercial use. As a condition to using the Product, User must sign up for an account with ITraq by downloading the ITraq Product Application (the "Application") from either Apple or Google Application stores, if applicable, pay any fees associated with such account (as further explained in the Terms of Use). User understands and acknowledges that the Product may not function properly if User does not keep his or her ITraq account current and up-to-date, and pay any fees due, if applicable. Except as expressly set forth herein, all fees paid hereunder and/or with respect to the Product are nonrefundable.

License

Subject to the terms and conditions of this Agreement and the Terms of Use, ITraq hereby grants a non-exclusive, non-sublicense-able, non-transferrable license to User to use the object code version of any software incorporated or embedded into the Product ("Software").

Support

If you have any questions or comments you can email support@iTraq.com.

Use Restrictions

User shall not: (a) distribute, market, resell, transfer, or allow any other individual to use the Product; (b) use the Product in connection with any products or services not supplied or provided by ITraq or otherwise approved by ITraq-supplied documentation; (c) remove any proprietary notices, labels, or marks on or in the Product; or (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Product (including without limitation the Software), except to the limited extent applicable laws specifically prohibit such restriction.

Third Party Products or Services

While You may choose to use the Product in connection with a product or service provided by a third party, ITraq is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD PARTY PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK AND MAY VOID THE LIMITED PRODUCT WARRANTY.

Liability Limitation

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ITRAQ, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE ITRAQ PRODUCT, SOFTWARE OR SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE PRODUCT (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE PRICE PAID BY USER FOR THE PRODUCT (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF ITRAQ HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES, COUNTRIES AND OTHER GOVERNMENTAL AUTHORITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

Export

Notwithstanding anything stated herein or otherwise, User may not provide to any person or export or re-export or allow the export or re-export of the Product, Services or any Software or anything related thereto or any direct product thereof (collectively "Controlled Subject Matter"), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing, User acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Product constitutes a representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations.

Dispute Resolution

User agrees that any cause of action arising out of or related to the Product must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in King County, Washington, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, and otherwise in accordance with dispute resolution terms and conditions located at www.iTraq.com/legal.

General

This Agreement is the entire agreement between User and ITraq with respect to the Product, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and ITraq with respect to the Product. Notwithstanding the foregoing, the parties acknowledge the existence and validity of the Terms of Use. In the event of any conflict between this Agreement and the Terms of Use, this Agreement shall control with respect to the subject matter of this Agreement only. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is personal to User, and is not assignable or transferable by User except with ITraq's prior written consent. ITraq may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Effective Date: February 1st, 2016

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE VISITING THE WEBSITES OR USING THE SERVICES OFFERED BY iTraq, INC. ("COMPANY"). BY VISITING THE WEBSITES OR USING THE SERVICES OF COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO AND SHOULD NOT USE THE WEBSITES OR SERVICES OF COMPANY.

ACCESS TO THE SERVICES

The www.itraq.com website and domain name and any other linked pages, features, content, offered from time to time by Company in connection therewith (collectively, the "Website") are owned and operated by Company. The iTraq application services (including without limitation any mobile or Web application services offered from time to time by Company in connection therewith (collectively, the "Application") are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the company website, and that have been selected by you (together with the Application, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Application, any service Company performs for you and the Content (as defined below) offered by Company on the Website or through the Application. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may choose to use the Services in connection with one or more iTraq devices (the "Product"). You may use the Services in connection with the Product only after you have purchased the Product and read and accepted the iTraq Terms of Sale for the Product ("Product Terms of Sale"). Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the website or through the Application, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as commercially possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at support@iTraq.com. You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

WEBSITE, APPLICATION AND SERVICES CONTENT

The Website, the Application, the Services, and their contents are intended solely for your personal, non-commercial use and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," and which includes User Submissions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Website, the Application and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content (and other items displayed on the Website in the Application or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content's copyright notice. If you link to the Website or Application, Company may revoke your right to so link at any time, at Company's sole discretion. Company reserves the right to require prior written consent before linking to the Website. In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services, including, without limitation, information you have made available automatically through your use of the Product (collectively, "User Submissions"), Company hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicense-able and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Website, and Company's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company's Privacy Policy in effect from time to time. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any such content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you in connection with using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Mail-list, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services- infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content (including the Content) contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, completeness, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by Company or a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE ABOVE, PRODUCTS MANUFACTURED AND SOLD BY COMPANY ARE COVERED BY COMPANY'S LIMITED PRODUCT WARRANTY.

PRIVACY POLICY. For information regarding Company's treatment of personally identifiable information, please review Company's current Privacy Policy, which is hereby incorporated by reference herein and made a part of this Agreement; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company's Privacy Policy.

REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, authorized agents and their successors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, your use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR THEIR SUCCESSORS, BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

FEES AND PAYMENT

Although some of our Services are may currently be free to users, Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees as described on the Website or in the Applicaiton in connection with such Services selected by you. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website or in the Application. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

THIRD PARTY WEBSITES

The Services may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Website or any Third Party Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its affiliates, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services, Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicense-able by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties with respect to the Services and Content, as well as any other subject matter referenced herein, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. Notwithstanding the foregoing, the parties acknowledge the existence and validity of the Product Terms of Sale, and End User License Agreement which governs your use of the Product, if applicable. In the event of any conflict between this Agreement and the Product Terms of Sale, the Product Terms of Sale shall control with respect to the subject matter of such Product Terms of Sale only. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Except as expressly set forth in Section 15 below, you and Company agree there are no third party beneficiaries intended under this Agreement.

ARBITRATION; GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to the conflict of law's provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in King county, Washington, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

COPYRIGHT DISPUTE POLICY

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

- Identification of works or materials being infringed;

- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

- Contact information about the notifier including address, telephone number and, if available, email address;

- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is the Company's policy:

- to remove or disable access to the infringing material;

- to notify the content provider, member or user that it has removed or disabled access to the material; and

- that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

- A physical or electronic signature of the content provider, member or user;

- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

- Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address: Roman Isakov, c/o iTraq, Inc., 8201 164th Ave NE #200, Redmond, WA 98052

APPLE DEVICE AND APPLICATION TERMS

In the event you are using the Services in connection with a device provided by Apple, Inc. ("Apple") or a Company application obtained through the Apple App Store (collectively, such uses are henceforth the "Application"), the following shall apply:

- Both you and Company acknowledge that this Agreement is concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicense-able basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;

- You will only use the Application in connection with an Apple device that you own or control;

- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

- You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, as between Company and Apple, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

- Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

- Both you and Company acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at iTraq, Inc., 8201 164th Ave NE #200, Redmond, WA 98052, or email support@itraq.com.

We, iTraq, Inc. ("we"), offer object location services to users of our mobile tracking devices ("iTraq device(s)"), through our website under www.itraq.com (the "Website") and/or our iTraq mobile application (the "iTraq App") (collectively referred to as the "Services"). This Privacy Policy describes: the information we collect from users; how we use that information; and your rights in connection with our collection and processing of the information.

DEFINITION OF PERSONAL INFORMATION

In this Privacy Policy, the term "personal information" means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, or, in certain circumstances, location information, an IP address or the unique identifier allocated to each iTraq device.

DATA CONTROLLER

The owner and data controller of your personal information collected, processed, used and stored by the Services and/or the iTraq device(s) is: iTraq, Inc., 8201 164th Ave NE #200, Redmond, WA 98052, USA. We can be contacted by email at: support@itraq.com.

LOCATION OF STORAGE AND PROCESSING OF PERSONAL INFORMATION

Your personal information is stored and processed at our servers in the cloud, unless stated otherwise in the rest of this document.

PERSONAL INFORMATION THAT WE COLLECT

When you register for our Services we will collect and store certain personal information necessary to set up your account with us, such as your email address when you already have an iTraq device and need to create an account in iTraq App. We may collect your first and last name, home address, and email address when you purchase iTraq device from the iTraq App. We will further generate, and store with your account, a unique identifier(s) allocated to each ITraq device that will be registered for your account.

We will further collect your iTraq devices' location information and associate such information with your account with us.

In addition, we will share your device's location information with other accounts with whom you shared your iTraq device.

Whenever you use our Services, we may further collect additional information about your usage of our Services, including by making use of third party web analysis tools (see Section "Integration of Third Party Web Analysis Services and Social Functionalities" below), such as your frequency and scope of your use of the Services, iTraq advertisements that you view or click on, information about the mobile device on which you have installed the iTraq App, and the geographic location of the computer system or device that you are using to log-into our Services.

If you decide to interact with a social network when using our Services, we may further collect certain personal information made available through your social network account (see Section "Your Sharing of your Personal Information with Social Networks" below). We will further collect any personal information you may actively provide to our service personnel if you contact our customer support hotline through our Website and/or iTraq App.

HOW WE USE AND PROCESS YOUR PERSONAL INFORMATION FROM YOUR OBJECT LOCATION SERVICES

We will use and process your personal information from your registration and usage of our Services (including your location information and your iTraq devices' location information) to provide you with our object location services, e.g., to help you track and find your iTraq devices to remember the previous known locations of your iTraq devices, and/or to communicate to you the location of your iTraq device(s);

FURTHER USES OF YOUR PERSONAL INFORMATION

In addition, we may use and process your personal information (including your location information and your iTraq devices' location information):

- To provide you with support and handle requests and complaints;

- To send you updates, notices, and additional information related to the Services;

- To create anonymous, statistical and aggregated data and reports (i.e., in a form where such data does not enable the identification of a specific user). See Section "Our Use and Sharing of Aggregated Information" below;

- To comply with any applicable law and assist law enforcement agencies under any applicable law, when we have a good faith belief that our cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;

- To prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services.

OUR USE AND SHARING OF YOUR ITRAQ DEVICE LOCATION INFORMATION

Any location information we receive about iTraq device(s) will be stored by us on our cloud server. Such information can be associated by us with the account for which the iTraq device(s) have been registered (by linking the unique iTraq device identifier with the account information). However, your location information will be completely anonymous to other users, unless you actively decide to share these data, e.g., by choosing to share access to your Services' account with other people you trust, or by using social networks (see Section "Your Sharing of your Personal Information with Social Networks" below). We will not identify you personally to other users or otherwise make your location information available to any third party in personal identifiable form without your prior consent.

OUR USE AND SHARING OF YOUR PERSONAL INFORMATION

We may share your personal information (including your location information and your iTraq devices' location information) with our third party service providers or affiliates, as authorized by us to collect, process and use your personal information as data processors on our behalf, such as, for instance, cloud based and hosting services, technical service providers, mail carriers, communication agencies and customer support service providers; these parties may be located in countries outside of your jurisdiction, including but not limited to the USA. An updated list of the parties engaged by us for the processing of your personal information may be requested from us at any time. Other than as indicated above, we will not share your personal information with any third parties, unless compelled by law to do so or if you have given your prior consent (for our use of aggregated information, see Section "Our Use and Sharing of Aggregated Information" below).

YOUR SHARING OF YOUR PERSONAL INFORMATION WITH SOCIAL NETWORKS

You may choose to share information between your Services' account and some of your social network accounts (such as your Facebook account). Through this option, you may choose to have personal information and other content about you (e.g., the location of your iTraq device(s) and thus also of your tracked items) available, transmitted and shared through the Services with your other social network account(s).

By setting your Services' account to integrate with social networks including by signing onto the Services by using your social network account (such as your Facebook account), you share information (including personal information) between the Services and such social networks.

The social network's use of (personal) information is governed by that social network's privacy policy and controlled by the social network, not by this Privacy Policy or us.

When you connect to the social network account through the Services for the first time or otherwise make the Services interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Services. We collect your information from your social network account only in accordance with your privacy settings you have set up under your social network accounts.

OUR USE AND SHARING OF AGGREGATED INFORMATION

We use information about our users' website activities and usage of our Services (including location information) in anonymous, statistical or aggregated form, i.e., in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.

We also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to our service providers or business partners.

COOKIES

Cookies are small text files that our Services ask to place on your computer's hard drive and onto your mobile device's memory. If your browser is set to accept cookies, then your browser adds the text in a small file.

We use cookie technology for various purposes, such as to facilitate your use of our Services, e.g., to remember you when you return to our Website, identify you when you sign-in, authenticate your access, enable your use of specific functionalities, keep track of your specified preferences or choices, tailor content to your preferences or geographic region, display personalized browsing history, or provide technical support.

We may further use cookies to monitor site usage, conduct research and diagnostics to improve our content, products, and services, and to help us analyze web traffic in general.

Cookies also enable us to display interest-based advertising on our Website using information you make available to us when you interact with our sites, content, or services. Interest-based ads are displayed to you based on cookies linked to your online activities.

Our cookies expire after they have fulfilled their purpose. Our Services use cookies that expire when you close your browser (i.e., session cookies) or that expire after a set period of time (i.e., persistent cookies). Cookies that are placed by third parties (see below) will have their expiration period determined by the third party, not us.

You can decide whether or not to accept cookies. The "Help" feature on most browsers will explain how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. To learn how to manage privacy and storage settings for Flash cookies click here. Because cookies allow you to take advantage of many of our online features and functionalities, consider leaving them turned on.

While our Website and iTraq App at this time do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser, as indicated above.

INTEGRATION OF THIRD PARTY WEB ANALYSIS SERVICES AND SOCIAL FUNCTIONALITIES. In addition, our Services integrate the following services of third parties which may also place cookies on your computer's hard drive and/or your mobile device's memory. We do not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by this Privacy Policy.

You can change your settings to refuse these third party cookies or to warn you before cookies are placed. However, if you choose not to accept cookies, you may not be able to take advantage of some of our features and services through our Services.

GOOGLE ANALYTICS (GOOGLE). Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use our Website, to track and examine the use of our iTraq App, to prepare reports on website activity and providing other services relating to usage of our Services. As a rule, any information generated by the cookies about your use of our Services will be transmitted to and stored by Google on servers in the United States.

Google may also use the data collected to contextualize and personalize the ads of its own advertising network and/or share the data with other Google services.

You may opt-out from the collection of information stored and generated by the Google Analytics cookies as well as the use of such data by Google by downloading and installing the browser-plugin which is available https://tools.google.com/dlpage/gaoptout?hl=en. 

SOCIAL PLUGINS AND SOCIAL WIDGETS. Our Services may integrate social plugins, widgets and other features from third party social networks, including the following:

- Twitter Tweet-Button, social widgets and other features allowing interaction with the Twitter social network as provided by Twitter, Inc.; further information on Twitter's privacy practices can be found under https://twitter.com/privacy.

- Facebook Like-Button, social widgets and other features allowing interaction with the Facebook social network as provided by Facebook. Inc.; further information on Facebook's privacy practices can be found under https://www.facebook.com/about/privacy/.

These social plugins, widgets and other features allow the respective third party social networks to place cookies on your browser and to collect certain information, which may be associated with your name and personal social network account information. These social plugins, widgets and other features are operated solely by the respective third parties, and their service providers, and you should carefully read their privacy policies before you decide to use the respective functionalities. We have no control over or access to the information collected, stored or used by such third party social networks, and the information practices by such third parties are not covered by this Privacy Policy.

If you do not wish to associate any information collected via the plugins, widgets and/or other features with your personal social network account information, you should refrain from using these social functionalities and log-out from your social network account before visiting our Services.

Please further see Section "Your Sharing of your Personal Information with Social Networks" above for more details on sharing your information through social networks.

CONTROLLING YOUR PERSONAL INFORMATION

You have the right, at any time, to know whether your personal information has been stored and can consult us to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any of your personal information, as well as to oppose their processing for any and all legitimate reasons. Requests should be sent to us at the contact information set out under Section "Data Controller" above.

If you request the deletion of your account and your personal information, we will delete such information, however please note we may not delete information from our back-up systems.

OPT-OUT

We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to "opt-out" (by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications - e.g., communications regarding updates to our Terms of Service or information about billing.

INFORMATION SECURITY. We implement commercially reasonable systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access, disclosure, modification or use of information. However, these measures are unable to provide absolute assurance. Therefore, although we take great efforts to protect your personal information, we cannot guarantee and you cannot reasonably expect that our databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

CHANGES TO THIS PRIVACY POLICY. We reserve the right to make changes to this Privacy Policy at any time by giving notice to you on this page and sending an email notice to you if you are a registered user. If you object to any of the changes to this Privacy Policy, you must cease using the Services and may request us to erase your personal information. Unless stated otherwise, the then-current privacy policy applies to all personal information we have about you.

If there are any changes to this Privacy Policy, they will be posted on the Website and in the iTraq App and sent to the last email address you provided (if applicable). Any changes will be effective 20 days after their initial posting or after the email was sent (or whichever date is later). However, if we amend this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services after being notified of such changes will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must cease any further use of the Services.

We hope you love all the items you purchase on www.itraq.com, but if you do not, we understand.

You can return any items received through www.itraq.com, but we have two stipulations:

- Returns must be made within 21 days of customer receipt. After 21 days, we cannot offer you a refund or exchange

- Items must be undamaged and have the original packaging including all accessories in order to be eligible for return or exchange. 

Please contact support@itraq.com if you need a refund.

To complete your return, we require a receipt or proof of purchase.

SUBSCRIPTIONS

Sorry, we don’t issue refunds for subscriptions. You must cancel your iTraq subscription before it renews each year in order to avoid being charged during your next billing period. iTraq subscriptions are prepaid and are non-refundable. It is a customer’s responsibility to cancel their subscription before billing renews. ITRAQ DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.

CUSTOMS FEES

Unfortunately, customs fees are subject to the buyer; we will not be able to assist with customs fees. Please check with your customs department prior to purchasing for additional information.

REFUNDS

After your return is approved, a refund will be applied to your credit card or original method of payment within 2 weeks.

LATE OR MISSING REFUNDS

Please contact your bank and then credit card company if your refund has not been posted after a week. It may take some time before your refund is officially posted. If they can't help you, please contact us at support@itraq.com.

SALE ITEMS

If approved, sale items will be refunded at sale price.

EXCHANGES

We accept exchanges of undamaged items within 21 days of the customer's receipt.  Customer must pay additional shipping and handling charges. Please send us an email at support@itraq.com, and we will provide you with a return address.

SHIPPING

To return your product, please email support@itraq.com, and we will provide you with a return address. Please do not ship items back unannounced, we may not be able to refund your purchase if you do.

We are a small company and cannot afford to refund your shipping costs.  You will have to pay for the shipping cost of returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary.