Please note that this registration page and service agreement applies only to Digital GSM CyberTrak units which serial number/ ESN begins with 106 or 110.
Last Name*: First Name*: Middle Name: Billing Address (No P.O. Boxes)*: City*: State*: Zip Code*: Home Phone*: Mobile Phone:
E-Mail*: Time Zone*: PST (Pacific Standard Time) MST (Mountain Standard Time) CST (Central Standard Time) EST (Eastern Standard Time) Observe DST: User Name*: Password (4 digit numeric only)*: Confirm Password*: Vehicle Make: Vehicle Model: Year: Color: License Plate Number:
Dealer Name*: Salesperson Name*: Dealer Telepone Number*: Dealer Fax Number: Mobile Location Unit (ESN)*: Features Installed*: Alarm Door Unlock Starter Disable
Anti Theft Service Basic Service Family Service Coporate Service Professional User 1 Locate/ Action 6 Locates/Actions 40 Locates/Actions 100 Locates/Actions 250 Locates/Actions per month per month per month per month per month Additional Locations Additional Locations Additional Locations Additional Locations Additional Locations $2.00 each $1.00 each $0.75 each $0.75 each $0.50 each $ 47.40/ year $ 95.40/ year $ 155.40/ year $ 239.40/ year $ 359.40/ year
Credit Card Type*: Visa MasterCard Discover American Express Credit Card # *:
Expiration Date (MM/YY)*: / Verification #*:
TERMS AND CONDITIONS These Terms and Conditions ("Terms") are attached to and incorporated into the CyberTraklocate.com (CyberTrak) Subscriber Agreement (the "Agreement") between CyberTrak and the Customer named on the first page of the Agreement ("Customer"). 1. ACCEPTANCE All Products (Wireless Network Equipment), Software, Services (Location, Data Communications, and Stolen Vehicle Recovery Services), installation, and maintenance provided by CyberTrak shall be subject to the terms and conditions of this agreement. CyberTrak shall not be bound by additional or different terms and conditions in Customer's purchase order or elsewhere unless expressly agreed to in writing by an officer of CyberTrak. 2. SHIPPING AND HANDLING In addition to shipping and handling charges that are shown in the Agreement, any delivery required by the Customer that exceeds the cost of normal ground delivery shall be invoiced to Customer at CyberTrak's then current flat rates. CyberTrak will not provide Customer with copies of freight bills. 3. LOCATION AND DATA COMMUNICATION SERVICES (a) Description of Services. Services provided hereunder are described in the Service and Maintenance Brochure, a copy of which has been provided to Customer and is incorporated herein. The Services are intended only for routine messages. All Services will depend, among other things, on the monthly usage plan ("plan") selected by the Customer. (b) Pricing of Services. The Services are priced in terms of access units, with each type of location and data communication service being assigned a specific number of access units, as set forth in the agreement. Each transceiver is assigned to the monthly usage Plan that has been selected by Customer for that transceiver. The aggregate number of access units included under the selected Plan may be used only by the selected transceiver covered under such selected plan. Unused access units may not be applied to other transceivers. Unused access units also may not be applied to another month's additional usage. System usage beyond the number of access units included under the selected Plan will be invoiced at the per access unit rates specified on the Agreement. (c) CyberTrak's Test of Services. Customer acknowledges that CyberTrak may, for its internal test and control purposes, without charge to the customer locate or communicate with one or more of Customer's transceivers and terminals. (d) Use of Services. The Services provided by CyberTrak to Customer hereunder are solely for the purpose of allowing Customer to locate and communicate with its own transceivers and terminals, and may not be resold or otherwise offered to or used by third parties. If, however, Customer and CyberTrak have entered into the CyberTrak Commercial Value Added Reseller Agreement ("VAR Agreement"), Customer may offer Customer's own vehicle location services (but shall not offer data communication services) to fleet owners and operators under the terms and conditions of the VAR Agreement. (e) Wireless Network Equipment Limited Warranty and Maintenance Services. Subject to Paragraphs 7 and 8, CyberTrak warrants the Wireless Network Equipment against defects in materials and workmanship for a period of 1 year. CyberTrak may advise the customer to (a) obtain a Returned Authorization ("RMA"); (b) adequately package the products; (c) ship the products to the address provided by the CyberTrak office; and (d) mark the RMA number prominently on the outside of the carton. Products received without an RMA number will be returned freight collect. CyberTrak will return the repaired products prepaid and fully insured. 4. LAW ENFORCEMENT ASSISTANCE. IT IS CUSTOMER'S SOLE RESPONSIBILITY TO CONTACT THE APPROPRIATE LAW ENFORCEMENT AGENCY FOR ASSISTANCE IF, IN CUSTOMER'S OPINION, SUCH ASSISTANCE IS REQUIRED, AND UPON REQUEST, TO PROVIDE THE LAW ENFORCEMENT AGENCY WITH UPDATED LOCATION INFORMATION. 5. LIMITATIONS ON WARRANTIES, MAINTENANCE AND SUPPORT CyberTrak shall not be obligated to provide the warranties or maintenance specified in these Terms (the Wireless Network Equipment limited warranty), if there has been any alteration, modifications, or special configuration made to the products, if there is use of the hardware that has not been approved in writing by CyberTrak as being compatible, or in the case of accidents, misuse, abuse, neglect, damage, tampering, improper installation, maintenance, or repair (not provided by CyberTrak), connection to an improper voltage supply, reception or transmission problems caused by inadequate or improper antenna (not provided by CyberTrak), reception problems caused by an inadequate signal level in the operating area, water damage or exposure to the elements, use with accessories or devices not approved by CyberTrak, use other than in the normal and customary manner, failure to install or use the Products or Software in accordance with instruction manuals, or acts of God. The maintenance services described in these Terms do not cover accessories, batteries, casings, coverings and other non-electrical components. 6. COVERAGE AREA LIMITATIONS Customer acknowledges that one hundred percent coverage of any area at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt service at times. Customer further acknowledges that certain circumstances or events, including, without limitation, weather, tunnels, underground structures, terrain, high rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with or prevent the proper operation of the Services. Corrective devices installed at Customer's expense can minimize some of these interferences. Any deviations from any coverage representations made or from the coverage map shown to Customer shall not constitute default by CyberTrak. Any maps or surveys, if provided, are to indicate general parameters of expected coverage, subject to previously mentioned conditions, and are not binding as an exact representation of coverage. Customer also acknowledges that the service provided by CyberTrak hereunder may be based upon MicroBurst Service furnished to CyberTrak by Aeris Communications, Inc. ("Aeris") and utilizes cellular telephone service that is furnished to Aeris by one or more participating carriers ("Participating Carriers") pursuant to agreements between Aeris and such Participating Carriers and is subject to terms, conditions and limitations therein set forth. 7. CUSTOMER FURTHER ACKNOWLEDGES THAT PARTICIPATING CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO CUSTOMER, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF CUSTOMER'S USE OF MICROBURST SERVICE, AND CUSTOMER AGREES THAT CUSTOMER SHALL HAVE NO CLAIMS AGAINST PARTICIPATING CARRIERS OF ANY KIND WITH RESPECT THERETO. 8. INTERRUPTION OF SERVICES; FORCE MAJEURE CyberTrak shall not be liable to Customer or any other person for any loss or damage caused by any interruption of services, regardless of cause. In the event of any failure or delay in Services attributable to the fault of CyberTrak or its subcontractors, Customer's sole remedy shall be limited to refund of Customer's charge for Services during the time of such failure or delay. Customer agrees, however, that no allowance will be given for any single failure or delay that does not exceed 48 hours. CyberTrak shall have no liability for a failure to provide or for delay in providing products, Software, installation, Services or maintenance due directly or indirectly to causes beyond the control of CyberTrak or its subcontractors, including, without limitation, acts of God, or governmental entities, or of the public enemy, acts of Customer, strikes, unusually severe weather conditions, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any suppler, or delays in Federal Communications Commission ("FCC") frequency authorization or license grant. The delivery schedule shall be considered extended by a period of time equal to the time lost because of any such delay. If CyberTrak is unable to wholly or partially perform because of any cause beyond its control, CyberTrak may terminate the Agreement without any liability to Customer, other than refund of any amounts paid for undelivered Products, Software, maintenance or installation, or Services which have not been provided. 9. REVISION OF FEES AND SERVICES After the end of the first year following execution of the Agreement by CyberTrak, CyberTrak may, at any time, upon 30 days' prior written notice, to be effective not earlier than the first anniversary date of the date of execution of this Agreement by CyberTrak, revise (a) the monthly rates for Plans set forth in the Agreement, (b) the number of access units assigned to each location and data communication service, and (c) the cost and features of Services and programs, as set forth in the Agreement and on the Service and Maintenance Brochure in effect on the date of CyberTrak 's execution of the Agreement. Customer may terminate the Agreement by written notice to CyberTrak within the 30 day period; otherwise, the new rates and revised services shall become effective on the date specified in CyberTrak 's notice. If customer terminates the Agreement as herein provided, all accrued and unpaid charges shall be immediately due and payable. 10. AUTOMATIC RENEWAL; TERMINATION The Agreement, including these Terms, shall remain in full force and effect for a period of three years from the date the Agreement is executed by CyberTrak and shall automatically become an annual Agreement terminable upon written notice by either party to the other 30 days prior to the end of any annual period. The Agreement shall terminate immediately without liability if the authorizations held by CyberTrak are revoked by the FCC. Customer may, by written notice to CyberTrak within 15 days of the date the Agreement was originally executed by CyberTrak, cancel the Agreement. If Customer's cancellation occurs within such 15 day period and is for any reason other than the default of CyberTrak or the revocation of authorization by the FCC, Customer shall pay CyberTrak 50% of the total price and fees for all Products and Software listed in the Agreement as a restocking charge. 11. GENERAL This Agreement shall be governed under the laws of the state noted in the Customer's address in the Agreement. Customer acknowledges that it has read and understands these Terms and agrees to be bound by them. Together, the Agreement, including these Terms, the Service and Maintenance Brochure and the Software License Agreement, constitute the entire agreement and understanding of the parties and supersede all proposals, oral or written, and all other communications between the parties relating to the Products, Software, Services, installation and maintenance purchased under this Agreement. No amendment or modification hereof shall be binding upon CyberTrak unless such amendment or modification is in writing signed by an authorized officer of CyberTrak. If any term hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid but the remainder of these Terms and the Agreement shall not be invalidated and shall be given effect so far as possible. If any term hereof is found by a court to be overbroad, it shall be limited to the extent required to make it enforceable. Customer agrees to observe and abide by all applicable laws, ordinances, rules and regulations of the federal, state, local or foreign government and any agency or public authority thereof, and to hold CyberTrak harmless from liability or loss by reason of any asserted or established violation of said laws, rules, or regulations by Customer, its employees, agents or representatives. Any waiver of any right in, or breach of, the Agreement shall not be a continuing waiver and shall not prevent any claim of breach of the same term or any other term of the Agreement. This Agreement is fully assignable by CyberTrak to any person or entity and shall inure to the benefit of such assignee or successor. Customer may not assign the Agreement without the prior written consent of CyberTrak, except that Customer may, without CyberTrak 's consent, assign the Agreement (a) to Customer's parent company, a subsidiary, or an affiliate; (b) to any successor corporation by consolidation or merger; or (c) to any corporation with the authority to carry on a business of a nature transacted by Customer and to which Customer has sold all or substantially all of its assets, provided that Customer has advised CyberTrak in writing of such assignment and Customer remains liable for any obligations or liabilities arising under this Agreement. 11. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES Except as provided in section 5, CyberTrak does not warrant range, coverage, or operation of the location and data communication services, including, without limitation, the alert services. The express warranties in paragraphs 4(b), 5(e), and 7 are limited warranties and are given in lieu of all other warranties, express or implied. All other express or implied warranties, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose are expressly excluded, except where prohibited by law and, where prohibited, any such warranty shall be limited to the minimum warranty and period required by law. No employee or agent of CyberTrak has the authority to grant any other warranty to customer, written or oral. The express warranties, described above are given in satisfaction of any and all obligations or liabilities of CyberTrak to customer or any third party, with respect to the products, software, services, installation and maintenance (whether such liabilities or obligations arise out of contract, negligence, strict liability, tort or otherwise). Without limiting the foregoing, CyberTrak shall not be liable for any property damage, products, software, services, installation and maintenance (and customer expressly indemnifies and agrees to hold CyberTrak harmless from any such liability, including reasonable attorney's fees). Customer's sole remedy for breach of any warranty is the right of repair or replacement of the defective product, software or installation or, in the case of software, return of software license fees, all as described above. In no event shall CyberTrak's liability to customer exceed the amount paid by customer for the product, software, services, installation or maintenance in question. Without limiting the foregoing, CyberTrak shall not be liable to customer or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of profits, revenues or data, even if CyberTrak has been advised of the possibility of such damages. No action shall be brought for any breach of the agreement more than one year after accrual of such cause of action except for money due on an open account. Certain of these limitations may not apply in some states. 12. PAYMENT/TAXES Customer shall make payment to CyberTrak in accordance with the terms stated in the Agreement. Airtime charges for Services are billed in advance, at the time of activation, based on the Customer's selected Plan, as set forth in the Agreement. Incremental charges and other service charges, including, without limitation, activation fees, charges for additional access units, are billed to Customers Reserve Account. Except for the amount, if any, of any tax included in the Agreement, the prices set forth herein and on the Service Agreement are exclusive of any amount for federal, state, local or foreign excise, sales, use, property, retailer's occupation or similar taxes, or any duties, customs or similar charges. If any such excluded tax or charge is determined to be applicable to this transaction or CyberTrak is required to pay or bear the burden thereof, the prices set forth herein and on the Service and Maintenance Brochure shall be increased by the amount of such tax or charge and any interest or penalty thereon, and Customer shall pay to CyberTrak the full amount of any such increase no later than ten days after receipt of a bill therefore. All charges are due as of the due date as set forth on the bill. Accounts delinquent in excess of 15 days from the due date shall be subject to a late fee and interest at the rate of one and one-half percent (11/2%) per month (or the highest rate permitted by law, if such rate exceeds the highest rate permitted by law). CyberTrak may and terminate the Services and if any charges payable hereunder are delinquent in excess of 30 days from the due date or Customer is otherwise in default under the Agreement. Customer shall be liable for all reasonable costs associated with the collection process of Customer's delinquent account, including, but not limited to, a minimum charge of $10.00 per month as long as the account remains delinquent and reasonable attorney's fees and court costs if such action is utilized in order to collect a delinquent amount.
