TERMS OF USE FOR ALL USERS OF ROCKY MOUNTAIN TRACKING INC. A/K/A HOLOTRAK (“HoloTrak”) WEBSITES AND MOBILE APPLICATIONS 

• Consent to Terms. In order to use this website or any related mobile applications (collectively, the “Site”), you must expressly consent to these Terms of Use and the related Privacy Policy which contains a broad description of the information which we may collect and our intended uses of it, including, without limitation, geo-location data transmitted by your mobile or other devices. Your failure to consent may interfere with your ability to use the Site in the manner you have in mind or at all.
• Ownership.
  1. The contents on the Site is owned by or licensed to HoloTrak (the “Content”). Content on the Site is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
  2. When you provide any information or submissions one or to the Site (the “User Submissions”), you grant to HoloTrak, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
  3. In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of HoloTrak, inappropriate, defamatory, false, obscene, violent, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to HoloTrak, may result in account suspension or termination.
  4. HoloTrak may, in its sole discretion, refuse or remove a User Submission without notice to you. However, HoloTrak shall have no obligation to monitor User Submissions, and you agree that neither HoloTrak nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Notwithstanding the foregoing, HoloTrak reserves the right to monitor all activity conducted over the Site and anticipates that it will do so from time to time.
  5. HoloTrak does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
  6. You represent and warrant that you have all rights necessary to grant to HoloTrak the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Site unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.
• No Reuse. Material appearing in the Site may not be reproduced or used for any other purpose without the express prior written consent of HoloTrak.
• No Product or Service Warranty; Third Party Products. HoloTrak does not warrant any goods or Content which appears or is purchased or licensed through the Site or any service or product provided by anyone using the Site, and users acquire no rights with respect thereto or any of the rights retained by HoloTrak. Many items appearing on the Site are provided by unaffiliated third parties over which HoloTrak has no control. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by HoloTrak.  Any warranties pertaining to products or services must be negotiated only with the pertinent provider. HoloTrak shall have no responsibility for any action or omission of any user of the site. Users must use the site and related services solely at their own risk and subject to applicable third party policies and terms.
• LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT HoloTrak LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE site AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL HoloTrak, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “HoloTrak ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HoloTrak ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). YOUR ACCESS TO AND USE OF THIS site IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE site OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE site OR CONTENT. BY ACCESSING THE site, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
• Return Policy. Products purchased on the Site may be returned for refund (less possible restocking fee up to 10%) at your expense within 15 days of their delivery date.
• Sales Taxes. Quoted prices do not include applicable sales or other taxes which will be billed in addition to stated prices on a per transaction basis.
• No HoloTrak Responsibility. Any objection to goods, software or services provided through this Site by anyone other than HoloTrak must be pursued with said provider or manufacturer. HoloTrak provides no warranty of its own and shall have no responsibility of any kind for any product, software or service provided by any third party.  
• Risk of Security Breaches; Use of and Sharing of Information with Third Parties. While HoloTrak believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. Thus, you assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, you must safeguard your HoloTrak credentials. Further, HoloTrak uses the services of various third parties to provide this Site and process payment card and other transactions initiated on it, shares your personal and other information with them, and has no responsibility for any action or omission of such third parties.  
• Children not Authorized. The Site is not intended for the use of children under eighteen (18) and no such person is authorized to use it.  
• Take-Down Notices. Anyone believing that any material in or on the Site is infringing their copyright interest or otherwise violating any of their rights should provide written notice to HoloTrak describing in detail the basis for their concern and their legal interest in the material at issue as follows: HoloTrak, 5680 King Center Drive, Suite 624, Alexandria, VA 22315. Upon receipt of such notice, HoloTrak will investigate and remove material if necessary. The complaining party will be notified of the results of such investigation.
• Modification by HoloTrak. HoloTrak may modify these Terms of Use or modify/discontinue any part of this Site at any time for any reason.
• Choice of Law and Arbitration.
  1. Any and all disputes, claims or controversies arising out of or relating to these Terms of Use, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) (“Claims”), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Fairfax County Virginia, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of your use of the Site. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in courts of the Commonwealth of Virginia, provided that:
     1. The arbitrator shall not have authority to award punitive damages; and
     2. Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and HoloTrak agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
• Compliance with Privacy and Other Laws. All parties shall comply with all applicable laws in the provision of services or use of goods and services, including without limitation applicable privacy and other laws and regulations regarding the use and sharing of GPS and similar location tracking/monitoring equipment.