that appears on Omnilink’s website(s) or in association with its services; (xii) create any
link to Omnilink’s website(s) or frame or mirror any content contained or accessible
from Omnilink’s website(s); or (xiii) use any data or information obtained through the
use of Omnilink’s devices for any unlawful purpose or in violation of any applicable law
(including, without limitation, data protection and privacy laws). Except as expressly
provided in this Agreement, no right or license is granted hereunder, by implication,
estoppel or otherwise.
3.4 Firmware License. Each Device provided by Omnilink may contain firmware
developed and owned by Omnilink. For firmware developed and owned by Omnilink,
Omnilink hereby grants you a limited, non-exclusive, non-transferable, royalty-free
license, for the Term, to use the firmware on each Device. Omnilink shall retain all rights
to the firmware contained on each Device. The license granted herein shall be deemed
to be in effect upon delivery of each Device.
3.5 Ownership. You acknowledge that, as between You, your Sub-Account holders,
and Omnilink, all right, title and interest in the Tracking Plan Check-In service, any
software, Devices, or firmware provided under this Agreement, and all modifications
and enhancements thereof, including all rights under copyright and patent and other
intellectual property rights, belong to Omnilink. This Agreement does not provide you
with title or ownership of Tracking Plan Check-In Service, any software, Devices, or
firmware provided under this Agreement, but only the rights specified in this Agreement.
4. SERvICES
4.1 Availability of Services. Subject to the terms and conditions of this Agreement,
Omnilink shall use commercially reasonable efforts to make the Services available for
twenty-four (24) hours a day, seven (7) days a week. You agree that from time to time the
Services may be inaccessible or inoperable for reasons beyond the control of Omnilink,
including, but not limited to: (i) equipment malfunctions; (ii) periodic maintenance
procedures or repairs which Omnilink may undertake; or, (iii) interruption or failure
of telecommunication or digital transmission links, hostile network attacks, network
congestion or other failures. You shall not be entitled to any setoff, discount, refund or
other credit as a result of unavailability of the Services. You agree that Omnilink has no
control of availability of Services on a continuous or uninterrupted basis. Omnilink does
not guarantee any specific response rate (bandwidth). Any unavailability of the Services
will be relayed to you as soon as possible.
4.2 Security. Omnilink shall use commercially reasonable efforts to prevent unauthorized
access to restricted areas of Tracking Plan Check-In and any databases or other
sensitive material; and, Omnilink shall notify You of any known security breaches to its
systems that are reasonably likely to adversely affect You or your account, in accordance
with applicable law.
4.3 Uninterrupted Power Supply (UPS). Omnilink will implement a high-availability
architecture at the data center to ensure, as much as possible, continued availability of
access to the Services even when there is power failure and/or hardware malfunction.
4.4 Tracking Plan Check-In Support. Customer technical support for problems with the
Tracking Plan Check-In software application or Devices, as well as Billing and any other
general questions, will be provided between the hours of 10:30 A.M.-8:00 P.M. Eastern,
Monday-Friday (excluding U.S. federal holidays). Support hours and contact numbers
are listed at www.aetrex.com/gpssupport.
5. CUSTOMER DATA
5.1 Omnilink’s Use of Customer Data. Omnilink collects Personal Information and
non-personal information about its Customers and Sub-Account holders (collectively,
“Customer Data”) in order to: (i) provide the Services; (ii) provide customer and technical
support; and, (iii) for other business-related purposes, such as billing or marketing.
Omnilink may remove from your data any personal or location-based information
and combine such anonymized data with that of others in order to create “Aggregate
Information.” Omnilink may use Aggregate Data to analyze how Customers use the
Services and determine ways in which Omnilink can improve the Services. If You
have provided your contact information, Omnilink may contact You for marketing
purposes by various means, including but not limited to regular mail, email or telephone.
When You activate an Omnilink account, You expressly consent to receive marketing
communications via direct mail, email (at the email address you provided when activating
your account), telephone (at the number you provided when activating your account),
text messages (if you provided a wireless telephone number), instant messages or other
communications methods. You may opt out of receiving one or more of these types of
marketing communications at any time by sending an email to [email protected] or
by following the opt-out instructions set forth in our Privacy Policy.
5.2 Disclosures of Customer Data. If You purchased the Services as a result of the
marketing efforts of an Omnilink marketing partner, You agree that Omnilink may disclose
your Customer Data to such marketing partner.
5.3 Retention of Customer Data. Customer Data will be retained as long as there exists
a legitimate business need to do so. For example, Omnilink may retain Customer Data
for the duration of a dispute with our company. Location Data will be retained for each
Customer for a period that Omnilink will decide in its sole discretion, and shall be made
available to law enforcement and other government agencies pursuant to legally valid
requests for such information.
6. CUSTOMER RESPONSIBILITIES
6.1 Use of Services. You acknowledge and agree that You will not use the Services to:
(i) Track and/or Monitor any individual without such individual’s prior express permission
unless such individual is a minor with whom You have a lawful guardian relationship; (ii)
send spam or otherwise unsolicited messages in violation of applicable laws; (ii) send or
store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,
including material harmful to children or violative of third party privacy rights; (iii) send
messages to any email lists, distribution lists, newsgroups, or spam email addresses;
or, (iv) send or store material containing malicious code, including, without limitation,
software viruses, worms, Trojan horses or other harmful computer code, files, scripts,
agents or programs. You agree to report immediately to Omnilink, and to use best efforts
to stop immediately, any violation of the terms and conditions set forth in this Section 6
or any of Omnilink’s published policies (collectively, “Policies”), including but not limited
to the Omnilink Privacy Policy which are incorporated herein by reference. In the event of
any suspected violation of the terms, conditions and restrictions set forth in this Section
12. or the Omnilink Privacy Policy Omnilink may immediately disable your access to the
Services and suspend its provision of such Services.
6.2 Access To hosted Services. Omnilink will provide You with a user name, password
and other information necessary to access the Tracking Plan Check-In service. You are
responsible for keeping the respective user names and passwords confidential and for
any communications or transactions made using user name and password. You are
responsible for changing the respective user names and password if it is believed that
the same has been stolen or might otherwise be misused.
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SECTION 6
SECTION 6
