You agree that you are responsible for paying all fees and charges for or resulting from services and goods provided under this agreement. Vantage Point Mapping, Inc. d/b/a FoxTrax (“FoxTrax”) shall have the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice. You agree to promptly notify FoxTrax of any changes in your billing information. Subject to applicable law, you must notify FoxTrax of any billing errors within thirty (30) days of the date on which the error occurred.
Late Payment Charges
Late payment charges are based on the state which is listed on the billing address. You agree that for amounts not paid by the due date, FoxTrax may charge, as part of its rates and charges, and you agree to pay, a late fee of $5.00 in CT, D.C., DE, IL, KS, MA, MD, MI, MO, NH, NJ, NY, PA, OK, OH, RI, VA, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill in all other states.
If you terminate this agreement within fifteen (15) days after purchase and the equipment is returned within the same thirty (30) day period of original receipt in its original unopened package and the online account has not been activated, the purchase price paid plus shipping and handling, will be refunded.
All trademarks, logos, and other identifying marks of FoxTrax are and shall remain the trademarks and trade name and exclusive property of FoxTrax, and any unauthorized use of these marks is unlawful. All content on this website, including without limitation, all programs, compiled binaries, interface layout, interface text, documentation, and graphics is the copyrighted property of FoxTrax and is protected by U.S. and international copyright laws. All rights not expressly granted to you are reserved by FoxTrax.
License to Use Site and Restrictions
FoxTrax hereby grants to you a non-exclusive, non-transferable, revocable license to access, use, and view the data provided by the service only for your use in accordance with this agreement and any guidelines or policies posted on the site. FoxTrax reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent you from accessing all or any portion of the site with or without notice or reason and without liability on the part of FoxTrax. FoxTrax may change, suspend, or discontinue any portion of the site, or any service offered on the site, at any time, including but not limited to any feature, database, application, or content. FoxTrax may also impose limits on certain features offered on the site with or without notice.
The site and all content available on the site are protected by applicable intellectual property laws. All rights not expressly granted in this agreement are reserved by FoxTrax. All materials available on or through the site are the property of FoxTrax and are protected by copyright, trademark, or other intellectual property laws. FoxTrax reserves the right to impose additional terms and conditions upon your use and viewing of particular site materials, and any such terms and conditions may be posted on the site in connection with those site materials. FoxTrax does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. You agree to comply with all applicable federal, state, local and foreign laws, rules, regulations and statutes regarding the use and operation of FoxTrax’s goods and services.
You agree to not sell, transfer, grant access to or assign your login or password to any person or entity without FoxTrax’s written consent. You agree not to download, reproduce, copy, sell, resell or exploit for any commercial purposes, the goods or services provided by FoxTrax. You agree not to directly or indirectly copy, rent, lease, loan, modify, license, reverse engineer, sublicense, distribute or create derivative works based in whole or in part on FoxTrax’s intellectual property.
The term of this agreement begins upon the activation of the service and continues on a month to month basis until terminated as provided for in this agreement. Either party may terminate this agreement at any time with thirty (30) days notice to the other party. FoxTrax may terminate this agreement, or interrupt, restrict, or suspend your access to service, at any time without notice if (a) FoxTrax ceases to provide service in your area, (b) if you engage in any conduct that FoxTrax believes violates this agreement, (c) if FoxTrax believes your equipment is being used for an unlawful purpose or in a way that may adversely affect the service, (d) overuse or abuse of this site, or (e) if you fail to make all required payments when due.
Indemnification by User
You agree to indemnify, defend, and hold FoxTrax and its affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable attorney’s fees) asserted by any third party relating in any way to your use of this site or your breach of this agreement.
Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including but not limited to environmental conditions, unavailability of channels, gaps in service or coverage, system capacity, priority access by Homeland Security personnel in the case of an emergency, equipment modifications and repairs, power outages, and problems with the facilities of interconnecting carriers or service providers. FoxTrax may, but does not have the obligation to, refuse to transmit any information through the site and may screen and delete information prior to delivery of that information to you. FOXTRAX DOES NOT GUARANTEE YOU UNINTERRPUTED SERVICE OR COVERAGE.
THIS SERVICE AND THE SITE ARE BEING PROVIDED BY FOXTRAX TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE. FOXTRAX HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO THE SITE OR THE SERVICE PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS. FOXTRAX GIVES NO WARRANTIES AS TO THE AVAILABLITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES, OR ANY OTHER WARRANTY AND IN NO EVENT SHALL FOXTRAX BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (I) ACT OR OMISSION OF A THIRD PARTY; (II) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS OR DEFECTS IN THE SERVICE PROVIDED OR THROUGH FOXTRAX; (III) DAMAGE OR INJURY CAUSED BY THE USE OF THE SERVICE OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO USE IN A VEHICLE; (IV) CLAIM AGAINST YOU BY A THIRD PARTY; OR (V) DAMAGE OR INJURY CAUSED BY A SUSPENSION, TERMINATION , OR RESTRICTIONS OF SERVICE BY FOXTRAX.
Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT FOXTRAX, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF GOODS OR SERVICES PROVIDED OR SOLD BY FOXTRAX, YOUR USE OF THE SITE, OR YOUR INABILITY TO USE THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSE OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF FOXTRAX, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, FOXTRAX, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND OTHER THIRD PARTY AFFILIATES’ LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING ANY DIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE, WILL BE LIMITED TO FIFTY DOLLARS (U.S. CURRENCY) OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE FOXTRAX, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTY AFFILIATES FROM ALL OBLIGATIONS, LIABILITY, CLAIMS, OR DAMAGES IN EXCESS OF THE LIMITATION.
You also agree that regardless of any statute or law to the contrary, if you have any claim or cause of action arising out of or related to this Agreement, your use of FoxTrax’s products or services, or this site, such claim or cause of action must be delivered in writing to 122-R E. Lockwood Ave, St. Louis, MO 63119 within one hundred (100) days after such claim or cause of action arose, and if not, such claim or cause action shall be forever barred.
This agreement is governed by the law of the State of Missouri. You consent to jurisdiction of and venue in the courts in St. Louis County, Missouri, in all disputes arising out of or in connection with this agreement. Use of the site is not authorized in any jurisdiction that does not give effect to all provisions of this agreement. FoxTrax’s performance under this agreement is subject to all applicable laws and regulations, and you agree that FoxTrax may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this agreement.
In any formal action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, FoxTrax will be entitled to recover its costs and fees, including but not limited to reasonable attorney’s fees.
Changes to this Agreement
Severability; No Waiver; Entire Agreement
If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, FoxTrax and you agree that the remaining provisions of the agreement will remain in full force and effect. FoxTrax’s failure to act with respect to a breach by you or others does not constitute a waiver of FoxTrax’s right to enforce its rights with respect to subsequent or similar breaches. This agreement, along with any site guidelines or policies posted on the site or otherwise provided to you by FoxTrax, constitutes the entire agreement between you and FoxTrax with regard to your use of the site. We may provide or third parties may provide, links to other internet sites or resources, and you acknowledge and agree that your linking to other websites is at your own risk, and that FoxTrax is not responsible or liable for any damage or loss caused by or in connection with (i) use of or reliance on any such content, information goods, products, advertising or services available on or through any such site or resource, or (ii) the availability of such external sites or resources.