to You via the Internet using a Web browser. The Tracking Plan program provides 24/7
monitoring capabilities of Devices.
“Confidential Information” means non-public information that a Party provides and
reasonably considers to be of a confidential, proprietary or trade secret nature, including
marketing, engineering and other plans, financial statements and projections, customer
and supplier information, research, designs, plans, compilations, methods, techniques,
processes, procedures, and know-how, whether in tangible or intangible form, and
whether or not stored, compiled or memorialized physically, electronically, graphically,
photographically, or in writing. Confidential Information shall not include Non-Confidential
Information.
“Customer” or “You” or “Your” means the individual account holder who: 1) has full legal
authority to enter into this agreement, and has entered into this agreement, either on
behalf of himself/herself or on behalf of another individual pursuant to either a durable
Power of Attorney, other legal authorization or as the legal guardian of such individual
and 2) purchases a Device and/or Services in accordance with the terms and conditions
set forth in this Agreement.
“Device” means a mobile device purchased from or distributed by Omnilink to be used
by Customer to Track and/or monitor Monitored Users.
“Internet” means the global computer network comprised of interconnected networks
using standard protocols including TCP/IP.
“Location Data” means location history and transaction activity generated by use of the
Personal Tracker service.
“Monitored Users” means an individual that is tracked by the Customer and/or Sub-
Account holder(s) pursuant to a Consent/Release Agreement or pursuant to lawful
guardianship relationship if the Monitored User is a minor.
“Non-Confidential Information” means information which: (i) is, as of the time of its
disclosure or thereafter becomes part of the public domain through no fault of the
receiving party; (ii) can be demonstrated by credible evidence: (a) as rightfully known to
the receiving party prior to the time of its disclosure, or (b) to have been independently
developed by the receiving party; (iii) is subsequently learned from a third party not under
a confidentiality obligation to the disclosing party; or, (iv) is required to be disclosed
pursuant to a duly authorized subpoena, court order, or government authority, provided
that the receiving party has provided prompt written notice and assistance to the
disclosing party prior to such disclosure, so that such party may seek a protective order
or other appropriate remedy to protect against disclosure.
“Omnilink Trademarks” means any name, logo and trademark of Omnilink used by
Omnilink to identify itself or any Omnilink products or services, including but not limited
to Personal Tracker, that Omnilink licenses to You under this Agreement.
“Personal Information” means any information that can be used to identify an individual
and is not otherwise publicly available. Such information may include, for example, an
individual’s first and last name combined with his or her email address, mobile telephone
number or credit card account information.
“Server” means the server or servers as designated by Omnilink from time to time
through which Omnilink provides the Services in accordance with this Agreement.
“Services” shall mean all services associated with Tracking Plan Check-In, including but
not limited to the hosting and maintenance of the Tracking Plan Check-In application
on Omnilink Servers pursuant to the terms and conditions of this Agreement and any
additional services or add-on options You choose.
“Sub-Account holder(s)” means the individual(s) properly and validly authorized by
a Customer to use the Devices and Services ordered by the Customer to Track or
Monitor a Monitored User in accordance with the terms and conditions set forth in this
Agreement.
“Territory” means the United States of America.
“Track(ed/ing)” or “Monitor(ed/ing)” shall mean the use of Tracking Plan Check-In to
acquire data from each Device and to view or monitor the location of such Device(s).
2. ORDERS
2.1 The terms and conditions of this Agreement will control all orders for Devices and
Services. Subject to the terms and conditions of this Agreement, Omnilink agrees to
provide Devices and access to Tracking Plan Check-In in accordance with the first order
you submit via Omnilink’s e-commerce shopping cart, telephone, in person or other
channels, on the Effective Date.
3. ACCESS TO TRACKING PLAN CHECK-IN; RESTRICTIONS ON USE & LICENSES
3.1 Access to Tracking Plan Check-In. During the term of this Agreement and subject
to the terms and conditions herein, Omnilink hereby grants You a limited, non-exclusive,
non-transferable, royalty-bearing license to access Tracking Plan Check-In through the
Internet solely for the purpose of Tracking and Monitoring Devices
3.2 Use by Sub-Account holders. A Customer may authorize other individuals (“Sub-
Account holders”) to use the Devices and Services ordered by the Customer under this
Agreement. In such cases, Customer shall ensure that such Sub-Account holders use
the Devices and Services in a manner that complies with all applicable laws and this
Agreement. Customer is solely responsible for such Sub-Account holders’ usage of
the Devices and Services. Customer agrees to require each Sub-Account holder using
Customer’s account to comply with the obligations set forth in this Agreement, including,
without limitation, the restrictions contained in Section 3.3.
3.3 Restrictions on Use; No Modification. You, your Sub-Account holders and Monitored
Users shall not engage in any of the following acts (individually, a “Prohibited Act”,
and collectively, “Prohibited Acts”): (i) willfully tamper with the security of any Omnilink
devices or services; (ii) access data not associated with your account via Omnilink
Devices or Services; (iii) log into an unauthorized server or another Omnilink account
without authorization; (iv) attempt to probe, scan or test the vulnerability of any Omnilink
services or to breach Omnilink’s security or authentication measures without proper
authorization; (v) willfully render any part of Omnilink’s devices or services unusable;
(vi) reverse engineer, de-compile, disassemble or otherwise attempt to discover the
source code or underlying ideas or algorithms of any Omnilink services; (vii) modify,
translate, or create derivative works based on any Omnilink services; (viii) rent, lease,
distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit any
Omnilink services or make any Omnilink services available to a third party other than as
contemplated in this Agreement; (ix) use any Omnilink services for timesharing or service
bureau purposes or otherwise for the benefit of a third party; (x) publish or disclose to
third parties any evaluation of Omnilink services without Omnilink’s prior written consent;
(xi) remove, modify, obscure any copyright, trademark, patent or other proprietary notice
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SECTION 6
SECTION 6
