LOC-AID

TERMS OF USE

IMPORTANT- PLEASE READ BEFORE OPENING APPLICATION

CAREFULLY READ THE FOLLOWING APPLICATION USE AGREEMENT ("AGREEMENT") BEFORE OPERATING THE APPLICATION. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND LOC-AID TECHNOLOGIES ("LOC-AID"). BY CLICKING THE "YES" BUTTON, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT OPEN OR DOWNLOAD ANY SOFTWARE OR APPLICATION AND PROMPTLY NOTIFY LOC-AID FOR A REFUND IF ANY IS DUE.

PLEASE NOTE THAT THE APPLICATION IS LICENSED FOR INSTALLATION AND USE ONLY ON A SINGLE TELEPHONE. A SEPARATE LICENSE IS REQUIRED FOR ANY OTHER INSTALLATION AND USE.

By joining the Treasure Hunt via your handset (i.e., joining a hunt), you are signing up for the LOC-AID Treasure Hunt, a free service. You may stop this subscription service at any time by sending a text message with STOP, END or QUIT to short code 42274, 47201, 85191 or 32010 or by emailing our Customer Service (service@loc-aid.net). Your phone must have text messaging capability. You must be the owner of this device and either be at least sixteen years old or have the permission of your parent or guardian. Standard text messaging and other rates may apply. In case of questions text HELP to the shortcode 42274, 47201, 85191 or 32010 or contact customer service at 1-866-9LOCAID (1-866-956-2243).

1.    DEFINITIONS
1.1    Application: Application means the location based application for determining and identifying a phone location to you and features based on such location.

1.2    Licensed Product. Licensed Product means the Application.

2.    LICENSE
2.1    License Grant. In consideration of the License Fee, which is included in the price you paid for the Licensed Product, LOC-AID grants to you a non-exclusive, non-transferable license to install and use, for personal or business purposes, one copy of the Application, according to the following terms.

The License fee, as provided in the invoice issued to you, in its entirety is due. Failure to pay the License Fee shall result in the immediate revocation of any License granted hereunder.

2.2    Permitted Activities. You may: (1) install the Application only on a single phone and (2) physically transfer the Application from one phone to another phone provided that the Application is only used on a single phone at a time.

2.3    Prohibited Activities. You may not: (1) copy the Application except as provided above; (2) copy, modify, adopt, translate or create derivative works based on any part of the Licensed Product; (3) reverse engineer, decompile, disassemble or make any attempt to recover the source code of the Application; (4) sell, lease, sublicense, distribute, or assign the Application or any portion of the Application; or (5) remove any copyright, trademark, or other proprietary notices, labels or marks from any part of the Licensed Product.

2.4    Term. This Agreement is effective until terminated. You may terminate this Agreement by notifying LOC-AID that you wish to discontinue use of the Licensed Product. LOC-AID may terminate this Agreement if you breach any of the terms or conditions. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and LOC-AID's proprietary rights shall survive termination.

3.    PROPRIETARY RIGHTS
3.1    Ownership. LOC-AID owns and retains ownership of all rights, title and interest in and to the Application, including all enhancements and modifications made by you or LOC-AID to the Application. You own the phone on which the Application is originally or subsequently recorded.

4.    WARRANTIES
4.1    Exclusive Remedy. If the Application fails to comply with the the Service as described by LOC-AID, LOC-AID's entire liability and your exclusive remedy will be replacement of the Application.

4.2    Warranty Limitations. THE WARRANTY, EXPRESS OR IMPLIED, SET FORTH IN THIS AGREEMENT CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE APPLICATION. LOC-AID DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO THE APPLICATION, AND ALL SUCH ADDITIONAL WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LOC-AID EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON, INCLUDING EMPLOYEES OR REPRESENTATIVES OF LOC-AID WHICH ARE INCONSISTENT WITH THE WARRANTY LIMITATIONS EXPRESSED IN THIS SECTION 4.2 SHALL BE DISREGARDED BY YOU AND SHALL NOT BE BINDING UPON LOC-AID.

5.    LIMITATION OF LIABILITY
5.1    Liability Limitations. LOC-AID'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMAND, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE LICENSED PRODUCT SHALL NOT EXCEED THE LICENSE FEE PAID FOR THE LICENSED PRODUCT WITHIN THE PRECEDING SIX MONTHS. LOC-AID SHALL NOT BE LIABLE FOR ANY LIABILITIES, LAWSUITS, OR DAMAGES, INCLUDING, WITHOUT LIMITATIONS, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE, OR PROFITS, IN CONNECTION WITH OR ARISING OUT OF ANY MISUSE OR FAILURE OR DEFECT IN OR UNAVAILABILITY OF USE OF THE SOFTWARE. LOC-AID SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TO ANY: (a) FAILURE OF THE APPLICATION TO PERFORM AS SPECIFIED HEREIN EXCEPT AS AND TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED HEREIN; OR (b) ANY USE OF THE APPLICATION OR THE RESULTS OR DECISIONS MADE OR OBTAINED BY USERS OF THE APPLICATION. THE SOLE REMEDY FOR LOC-AID'S LIABILITY OF ANY KIND, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WITH RESPECT TO THE APPLICATION SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 4.1. THE LIMITATIONS CONTAINED IN THIS SECTION 5.1 SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

6.    GENERAL
6.1    Governing Law: This Agreement shall be governed by, and construed in accordance with the internal laws of the state of Florida without giving effect to principals of conflicts of law. Each party submits to the jurisdiction and venue of the state and federal courts located in Fort Lauderdale, Florida for any action or proceeding relating to this Agreement, and expressly waives any objections it may have to such jurisdiction or the convenience of such forum.

7    LOC-AID CONTACT. All questions concerning the Licensed Product should be directed to:
LOC-AID TECHNOLOGIES Inc.
1225 Broken Sound
Parkway, NW Suite C
Boca Raton, FL 33487
(561) 245-9468
cs@Loc-Aid.net

8.    INDEMNITY. You agree to indemnify, defend and hold LOC-AID and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any misuse or prohibited use or possession by you of any of the Licensed Products.

9.    NO UNLAWFUL OR PROHIBITED USE. As a condition to your use of the Application, you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Application in any manner that could damage, disable, overburden or impair any LOC-AID server, or the network(s) connected to any LOC-AID server, or interfere with any other party's use and enjoyment of any Application. You may not attempt to gain unauthorized access to any Application, other accounts, computer systems or networks connected to any LOC-AID server or to any of the Applications through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application.

BY SELECTING THE "YES" ICON ON YOUR PHONE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LOC-AID, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.