STARTRAK WEBSITE TERMS AND CONDITIONS
The following terms and conditions ("Terms and Conditions") govern your use of the
World Wide Web Site located at
www.startrak.com
(the "Site"). By accessing, viewing, or using the content, material, or services available
on or through this Site, you indicate that you have read and understand these Terms
and Conditions, and that you agree to them and intend to be legally bound by
them. If you do not agree to these Terms and Conditions, you are not granted
permission to use this Site and should exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or
revised Terms and Conditions, as well as the location of the new or revised
Terms and Conditions, will be posted on the Site for at least 60 days after the
change. It is the obligation of users visiting the Site before the change to
learn of changes to the Terms and Conditions since their last visit. Any change
to these Terms and Conditions shall be effective as to any visitor who has
visited the Site before the change was made.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or
contained in this Site ("Site Materials") are protected by law, including but
not limited to, United States copyright law. Except as explicitly
stated in the Site, the entirety of the Site Materials (including, without
limitation, data, illustrations, graphics, audio, video, photographs, pictures,
illustrations, recordings, drawings, sketches, artwork, images, text, forms,
and look and feel attributes) are Copyright © 2002, 2003, 2004 and 2005. All
rights reserved. StarTrak Systems, LLC
also owns a copyright in this Site as a collective work and/or compilation, and
in the selection, coordination, arrangement, organization and enhancement of
the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on
any Site Materials is strictly prohibited. Any commercial use of any or all
Site Materials, in whole or in part, without the prior written consent of StarTrak
Systems, LLC, is prohibited. Any reproduction, distribution, performance,
display, preparation of derivative works based upon, framing, capturing,
harvesting, or collection of, or creating of hypertext or other links or
connections to any Site Materials or any other proprietary information of StarTrak
without StarTrak Systems' advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on
the Site are proprietary to StarTrak Systems or its licensors. Use or misuse of
these trademarks is expressly prohibited and may violate federal and state
trademark law.
2. Communications With The Site
StarTrak Systems, welcomes your feedback and suggestions about how to improve
our products, information, and services and this Site. By transmitting any suggestions,
information, data, material, or other content (collectively, "Submissions") to StarTrak
Systems, you automatically grant StarTrak Systems the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, redistribute,
transmit, perform and display any or all of such Submissions (in whole or part)
throughout the universe and to incorporate such in other works in any form,
media, or technology now known or later developed for the full term of any
rights that may exist in such Submission(s). Further, StarTrak Systems is free
to use any ideas, concepts, methods, know-how, techniques, and processes
contained in any communications you send to this Site for any purpose whatever,
including, but not limited to, creating and marketing products, information, or
services using such information.
3. Nature of the Internet
Given the nature of the Internet, please understand that the transmission of
any communication or material to StarTrak Systems, LLC via the Site or Internet
electronic mail, whether encrypted or otherwise, cannot be guaranteed as
secure. Alternative to communicating via the Internet or electronic mail, ORBCOMM Headquarters can be contacted by regular mail at 395 W Passaic Street, Suite 325, Rochelle Park, NJ 07662 USA, by phone at 1.703.433.6300 (within the United States).
4. Privacy Statement
StarTrak Systems has a Privacy Statement setting out StarTrak's online
information gathering and dissemination practices with respect to the Site.
Click Here to view the Privacy Statement, which is
incorporated into these Terms and Conditions by reference, as if set forth
fully herein.
5. Securities Information
This Site and the information contained herein does not constitute an offer or
a solicitation of an offer for the purchase or sale of any securities. This
Site may contain information and press releases about StarTrak, and although
this information was believed to be accurate as of the date prepared, StarTrak
disclaims any duty or obligation to update such information. To the extent that
any information is deemed to be a "forward looking statement" as defined in the
rules and regulations of the Securities Act of 1933, as amended, such
information is intended to fit within the "safe harbor" for forward looking
information and is subject to material risk factors which may or may not be
disclosed herein.
6. Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE,
AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE
MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT
YOUR OWN RISK.
STARTRAK SYSTEMS LLC MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS
ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION,
AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR
ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION,
NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND
ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
STARTRAK SYSTEMS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF
ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOSS LOADS
OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM
THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND
IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND
PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER
OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH
DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL
PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF STARTRAK SYSTEMS TO
YOU OR ANY OTHER PERSON OR PERSONS IN CONNECTION WITH, BASED UPON, OR ARISING
FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS
SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH
EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
7. Corrections and Changes
StarTrak Systems endeavors to keep the Site and Site Materials on, in, and
through this Site up-to-date. Without limiting anything else in these Terms and
Conditions or otherwise, StarTrak Systems is not responsible for any errors or
omissions in the Site or Site Materials. StarTrak Systems may make changes to
the Site or Site Materials, or to the products, information, or services made
available in connection with this Site, at any time with or without notice, and
StarTrak Systems makes no commitment to update the information contained on or
in this Site. StarTrak Systems reserves the right to terminate your access to
this Site in the event that you violate these Terms and Conditions or for any
reason whatever or no reason, with or without notice, in addition to any and
all other remedies available at law or in equity.
8. Indemnification
You agree to defend, indemnify, and hold harmless StarTrak Systems, its affiliates,
its contractors, and all of their respective directors, officers, employees,
representatives, proprietors, partners, shareholders, servants, principals,
agents, predecessors, successors, assigns, accountants, and attorneys from and
against any and all suits, actions, claims, proceedings, damages, settlements,
judgments, injuries, liabilities, obligations, losses, risks, costs, and
expenses (including without limitation attorneys' fees and litigation expenses)
relating to or arising from this Site, your use of this Site, your fraud,
violation of law, or willful misconduct, and any breach by you of these Terms
and Conditions.
9. Links to Other Web Sites
This Site may, from time to time, contain links to other Internet Web sites for
the convenience of users in locating information, products, or services that
may be of interest. These sites are maintained by organizations over which StarTrak
Systems exercises no control, and StarTrak Systems expressly disclaims any and
all responsibility for the content, the accuracy of the information or quality
of products or services provided by or advertised on these third-party sites.
Without limiting anything else in these Terms and Conditions or otherwise, StarTrak
Systems is not responsible for any errors or omissions in the Site or Site
Materials, or for the information, links, text, graphics, or other items made
available on other Web sites or by third parties.
10. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable
local, state, national, and international laws and regulations. Without
limiting anything else in these Terms and Conditions or otherwise, neither StarTrak
Systems nor its contractors will be liable for any loss resulting from failure
of electronic or mechanical equipment or communication lines, telephone or
other interconnect problems, computer viruses, unauthorized access, theft,
operator errors, severe weather, earthquakes, natural disasters, strikes or
other labor problems, wars, or governmental restrictions.
11. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy
Statement, represent the entire agreement between you and StarTrak Systems with
respect to the subject matter hereof, and supersede any and all prior and
contemporaneous written and oral representations, understandings, and
agreements, express and implied. These Terms and Conditions will be governed by
and construed in accordance with the laws of the State of New Jersey, without
reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF
ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM,
SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT
DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL
NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY
THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE
LAW.
Notwithstanding anything else in this Section 11, elsewhere in these Terms and
Conditions, or in the Site, the Terms and Conditions shall govern exclusively
with respect to the sale and licensing by StarTrak Systems, a Delaware Corporation,
its successors and assigns of Products, Services, Distributed Equipment, and
Distributed Software (as such terms are defined in the Terms and Conditions) in
the United States of America.
12. Miscellany
By accessing, viewing, or using the works, content, or materials on this Site,
you consent to the exclusive jurisdiction of the federal and state courts
presiding in Morris County, New Jersey, and agree to accept service of process
by personal delivery or mail and hereby waive any and all jurisdictional and
venue defenses otherwise available. This Site is controlled and operated by StarTrak
Systems from its offices within the United States. Without limiting
anything else, StarTrak Systems makes no representation that the works,
content, materials, services, information, or products available on, in, or
through the Site are appropriate or available for use in other locations, and
access to them from territories where they are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own volition and
are responsible for compliance with applicable laws. The waiver or failure of StarTrak
Systems to exercise in any respect any right provided hereunder shall not be
deemed a waiver of such right in the future or a waiver of any of other rights
established under these Terms and Conditions. Headings used in these Terms and
Conditions, including, without limitation, the Privacy Statement, are for
reference only and shall not affect the interpretation of these Terms and
Conditions (or the Privacy Statement). The waiver or failure of StarTrak Systems
to exercise in any respect any right provided hereunder shall not be deemed a
waiver of such right in the future or a waiver of any of other rights
established under these Terms and Conditions.
All the content which is on or is available from this site,
including without limitation all information, text, software, trademarks,
graphic, photographic, audio, audio-visual and other material
("Content") is Copyright © (2002, 2003, 2004 and 2005)
owned or licensed by StarTrak Systems LLC ("StarTrak"). You may not
alter or modify the Content in any way. The Content may be viewed on-line and
may be reproduced only for your personal reference. If you are an internet
service provider or an access service provider you may make the Content
available to your subscribers and, for this purpose, make temporary
reproductions of the Content. Otherwise, you may not reproduce, transmit,
alter, modify, republish, frame, distribute or use the Content in any way
without the express permission of StarTrak Systems LLC and only in accordance
with its directions from time to time.
StarTrak Systems LLC and all associated trade marks ("the trade
marks") are trademarks of StarTrak Systems LLC. The display of any of the
trade marks on this site does not constitute the grant of any license or other
right to use the trade marks in favor of any third party. Any use of the trade
marks without the express written consent of StarTrak Systems LLC is at the
risk of the user and is subject to the rights of StarTrak Systems LLC.