Terms of Use

a. This contract governs the sale and use of the "GetiSight"™ data acquisition unit and the service described below.
b. This contract is governed by Delaware law, including without limitation, the Uniform Electronic Transactions Act ("UETA") and the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"). Additionally, you affirmatively consent and agree to permit Seller to enter into transactions involving "electronic records" and "electronic means," as those terms are defined in the UETA and E-Sign Act.
c. By using your exclusive username and password to log in to the GetiSight tracking application, you activate the unit and initiate the service, thereby accepting this contract and legally obligating you and anyone else relying on the unit and the service to comply with and be subject to all of the terms of this contract.
d. You may and should download or print a copy of this contract for your records.
e. Additionally, you consent and agree to permit Seller to make disclosures and provide notices to you in electronic form, in lieu of conducting such transactions and providing such notices and disclosures in written form. Your consent and agreement shall relate to all forms of documents, disclosures, and notices required under applicable law as a result of this contract and shall remain valid until such time as you exercise your right to revoke this consent. You agree to notify Seller immediately by means provided on the Seller�s website, or by telephone or by email at the telephone number or email address listed on Seller's Website of any change in your contact information, including e-mail address. To revoke this consent, to update your contact information or to request a paper copy of any electronic record, disclosure, or notice provided pursuant to this contract, you must email Seller at the email address listed on the Seller's Website.
f. It is your responsibility to advise anyone relying on the unit or the service that their reliance is governed by and subject to this contract.
g. You may not transfer ownership of the unit to anyone.
h. If you default in an obligation of yours under this contract, and also at any time after the end of your initial service period, we may cancel your service at the end of any monthly pay period (see subparagraph 2.a., below).

a. Your credit card has been charged for the price of both the GetiSight™ unit and service for one month. Thereafter, your credit card will be charged monthly in advance for service during the following month.
b. After the end of your minimum service period of one month (or such other period that Seller may offer and that you have selected), you may cancel your service at the end of any monthly pay period (see subparagraph 2.a., above). You may cancel your service by means provided on Seller�s website or by telephone or email at the telephone number or email address listed on Seller's Website.

a. If any fee that Seller pays to any provider of telecommunication services, or if any tax or other governmental charge that Seller pays in respect of telecommunications services, is initiated, increased, decreased or eliminated, then the fee for your services may, at the discretion of Seller, be increased or decreased to reflect the increase or decrease in cost to Seller.
b. If drive time for the unit exceeds sixty (60) hours during any calendar month, Seller may increase the interval during which the unit reports, resulting in fewer reports per hour. Any increase in the reporting interval will appear on the web application. If you then wish to decrease the reporting interval, thereby increasing the number of reports per hour, you may do so for an additional charge by contacting Seller at the telephone number or e-mail address listed on Seller's Website.
c. Following the end of any prepaid service period (see subparagraph 2.a. above), Seller may increase or decrease the monthly fee at its discretion. Seller will notify you at your e-mail address of any election that it makes under this subparagraph "c".

a. The seller of the unit is Everyday Logix, LLC
b. The unit is the GetiSight� data acquisition unit provided to Buyer by Seller, its subsidiaries or affiliates, either (1) initially, or (2) as replacement pursuant to the terms of this contract.
c. THE SELLER UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE UNIT EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT.
d. THE SELLER ASSUMES NO RESPONSIBILITY THAT THE UNIT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT.
e. The sole use and purpose of the unit is to record and transmit information, primarily concerning the location and speed of the unit, to a central data base from which that information may be accessed.
f. YOU MUST COMPLY WITH THE INSTRUCTIONS FOR INSTALLATION, OPERATION, AND MAINTENANCE OF THE UNIT AND WITH THE INSTRUCTIONS AND PROCEDURES TO ACCESS THE INFORMATION THAT THE UNIT TRANSMITS TO THE CENTRAL DATA BASE.
g. Subject to subparagraphs c though f above, Seller warrants that the unit will be free from defects.
h. If the unit is defective, you must, within one year from the date you received the unit, telephone customer service at the number set forth on Seller's Website to receive a Return Merchandise Authorization (RMA) and your unit will be promptly replaced without charge provided you return the defective unit as instructed and subject to the conditions of subparagraph i below. When Seller receives the defective unit, Seller will provide you with a credit for one month�s service, but no more.
i. If the returned unit is damaged beyond normal wear and tear (as opposed to its being only defective), you hereby authorize Seller, at its sole discretion, to charge your account for the replacement unit.
j. EXCEPT AS EXPRESSLY PROVIDED IN SUBPARAGRAPH "g" ABOVE, SELLER MAKES NO PROMISE, REPRESENTATION OR WARRANTY WITH RESPECT TO THE UNIT; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL HAVE NO OBLIGATION OR LIABILITY TO YOU OR TO ANYONE ELSE ON ACCOUNT OF ANY DEFECT IN THE UNIT OTHER THAN AS PROVIDED IN SUBPARAGRAPH "h" AND SUBPARAGRAPH "i" ABOVE.
k. IN ADDITION, BUT ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT HAVE ANY LIABILITY TO YOU OR TO ANYONE ELSE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.

a. The Seller and provider of the service is Everyday Logix, LLC
b. The service is the right to access information that the data acquisition unit transmits to the central data base. Seller will retain that data for at least thirty (30) days. Thereafter, Seller has no obligation to retain data and may destroy it.
c. YOU MUST COMPLY WITH THE INSTRUCTIONS FOR INSTALLATION, OPERATION AND MAINTENANCE OF THE UNIT AND WITH THE INSTRUCTIONS AND PROCEDURES TO ACCESS THE INFORMATION THAT THE UNIT TRANSMITS TO THE CENTRAL DATA BASE.
d. SELLER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE INCLUDING, WITHOUT LIMITATION, THE QUALITY OF THE SERVICE OR WHETHER THE SERVICE IS FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING IT.
e. IN PARTICULAR, AND WITHOUT IN ANY WAY LIMITING THE FOREGOING, BUT ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER WILL INCUR NO LIABILITY WHATSOEVER TO YOU OR TO ANYONE ELSE, AND NEITHER YOU NOR ANYONE ELSE WILL HAVE ANY CLAIM WHATSOEVER AGAINST SELLER, REGARDLESS OF FAULT, NEGLIGENCE OR OTHER CAUSE, ON ACCOUNT OF ANY FAILURE IN OR BY THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY FAILURE IN OR BY THE WEBSITE OR THE CENTRAL DATA BASE OR ANY FAILURE IN DETECTION, RECORDING OR ALERTING, OR ANY FAILURE IN OR BY ANY OF THE EQUIPMENT OR ANY OF THE PERSONNEL USED IN CONNECTION WITH THE SERVICE.
f. If Seller fails to provide the service (other than interruptions due to failures in telecommunications services or other causes beyond Seller's control) for more that fourteen (14) consecutive days, you may terminate the service arrangements under this contact at any time prior to correction of the failure by giving notice of termination to Seller by telephone or email at the telephone number or email address listed on Seller's Website.
g. Seller will provide you a credit for any period that Seller fails to provide the service (other than interruptions due to failures in telecommunications services or other causes beyond Seller's control).
h. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHT OF TERMINATION UNDER SUBPARAGRAPH "f" AND THE CREDIT UNDER SUBPARAGRAPH "g" ARE YOUR SOLE REMEDIES FOR ANY FAILURE IN THE SERVICE.
i. WITHOUT IN ANY WAY LIMITING ANY OF THE FOREGOING PROVISIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER WILL NOT INCUR ANY LIABILITY TO YOU OR TO ANYONE ELSE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.

EXCEPT FOR THE WRITTEN WARRANTY THAT IS PROVIDED IN THIS CONTRACT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES, PRODUCTS AND THIRD-PARTY PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SERVICE OR PRODUCTS. SELLER DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENT MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS (EXCEPT THIS CONTRACT), ON SELLER�S WEBSITE, OR BY ANYONE ELSE, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY SELLER OF ANY KIND. APART FROM THE WRITTEN WARRENTY PROVIDED IN THIS CONTRACT, SELLER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES AND AFFILIATES DO NOT WARRANT THAT THE PRODUCTS, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, OR BUG OR ERROR FREE. IF APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

a. Seller will install protections on its website intended to preclude unauthorized access to the information recorded by your GetiSight� unit. HOWEVER, SELLER DOES NOT MAKE ANY GUARANTEE OR PROMISE AGAINST UNAUTHORIZED ACCESS. YOU WILL NOT HAVE ANY CLAIM AGAINST SELLER ON ACCOUNT OF ANY UNAUTHORIZED ACCESS TO YOUR INFORMATION.
b. Subject to the provisions of subparagraph "a" above and subparagraph "c" below, and except as required by law (including, without limitation, the order of any court or governmental agency or administrative body), Seller will not disclose any information that is recorded by your GetiSight� unit.
c. Seller may create statistical analyses based on the data recorded on Seller's Website and may use such analyses in such manner as it determines without compensation to you, but, in doing so, Seller will not violate any of the provisions of the foregoing paragraph and will not mention you in or in connection with any of those analyses.

THIS CONTRACT SUPERSEDES ANY OTHER CONTRACT, AGREEMENT, UNDERSTANDING, MATERIAL, BROCHURE OR ADVERTISEMENT, WHETHER WRITTEN OR ORAL AND REGARDLESS OF THE MEDIA OF COMMUNICATION, RELATING TO THE QUALITY AND PERFORMANCE OF THE GetiSight� UNIT AND THE INFORMATION-ACCESS SERVICE AND SELLER'S OBLIGATIONS AND LIABILITIES IN RESPECT THE GetiSight� UNIT AND THAT SERVICE.

a. This contract will be governed by and construed in accordance with the law of the State of Delaware
b. Subject to the next subparagraph, any dispute or claim arising under or with respect to this contract or the GetiSight� unit or the service will be resolved by arbitration in accordance with the Rules for Commercial Arbitration of the American Arbitration Association before a single arbitrator appointed by said Association. The arbitration proceeding will be held in a metropolitan area selected by Seller within the United States and nearest to Buyer's residence.
c. However, any dispute or claim arising under or with respect to this contract or the GetiSight� unit or the service and which is asserted by a class of buyers to which the Buyer belongs will be resolved by arbitration in Houston, Texas, in accordance with the Rules for Commercial Arbitration of the American Arbitration Association before a panel of three (3) arbitrators, one selected by the class of buyers, one selected by the Seller, and the third selected by said Association.
d. The decision or award of the single arbitrator or, as the case may be, a majority of the arbitrators, will be final and binding upon the parties. However, to maximum extent permitted by law, no arbitrator shall award incidental, consequential, indirect, special, exemplary, or punitive damages. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
e. Seller and Buyer will each pay the legal fees and other expenses that it incurs in connection with the arbitration proceeding, and Seller and Buyer will share equally the fees and other charges of the arbitrators and the American Arbitration Association.
f. Notwithstanding the provisions for the arbitration set forth above, Seller and Buyer will be entitled, without posting bond or other security, to injunctive and other equitable relief as a court of competent jurisdiction determines.

The provisions of this contract are severable. If any portion is determined to be illegal or unenforceable, such determination shall in no manner affect any other provision of this contract, so that the remaining portions of this contract shall remain in full force and effect.

Paragraph headings are for convenient reference only and will not affect the meaning or interpretation of any provision of this contract.