PocketFinder® and Location Based Technologies® Products and Services End User / License Agreement

Acceptance of Terms of Use

These Terms of Use govern your use of the PocketFinder® device, PocketFinder® service, PocketFinder® Software, and PocketFinder® website. By marking your initials in the appropriate box below, or by using the PocketFinder service, or by visiting, or browsing the PocketFinder website, you accept and agree to be bound by these Terms of Use. If you have any questions or concerns about the terms of this agreement, please contact service@pocketfinder.com. If you do not agree to these Terms of Use, you may not use the PocketFinder ® service or website.

These “Terms of Use” are an ongoing legal contract between you individually, or if you are authorized to acquire the Software on behalf of your company or another organization, between the entity for whose benefit you act (“you”) and Location Based Technologies, Inc. and apply to your use of the PocketFinder® service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

Location Based Technologies, Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the first page of the PocketFinder® website. The most current version of the Terms of Use will supersede all previous versions. Your use of the PocketFinder website or continued use of our service after changes are made means that you agree to be bound by such changes.

Definitions

PocketFinder® device (Pocketfinder®) means: a personal location device made by Location Based Technologies, Inc., utilizing both the Global Positioning Satellite (GPS) system and the existing GSM wireless network.

PocketFinder ® Service(Pocketfinder® service) means: the customer experience of account management and the location of PocketFinder® products, the wireless network connection between the device and the proprietary software housed in the array of PocketFinder® server systems, and the capabilities and applications that are available to our customers.

PocketFinder ®Website (Pocketfinder® website) means: the Internet website providing the customer easy access and use of the PocketFinder® services. It serves as the customer interface between the PocketFinder ® devices and all applications of the device (from acquisition to activation and locations).

PocketFinder® Software (PocketFinder ® software) means: both the software housed in the PocketFinder® server system (to provide overall Service and Support) and the software downloaded onto the customer’s personal computer which allows the Service system to upload device location history and to conduct device performance diagnostics when the PocketFinder® product is docked into its charger. The PocketFinder® software will be automatically downloaded and installed onto your personal computer when you charge the PocketFinder® product through your personal computer.

Service means machine to machine data and SMS wireless telecommunications services for GSM communications, GPRS (General Packet Radio Services), EDGE, Universal Mobile Telephone Service (UMTS), or High Speed Packet Access (HSPA) Service. Service does not include voice connectivity.

Location Based Technologies, Inc. (Location Based Technologies) means: the company/corporation that designed, developed, delivers, and supports the PocketFinder® family of products. Location Based Technologies is a registered trade mark and service mark of Location Based Technologies, Inc.

Privacy

Any information submitted on the PocketFinder® Website is subject to our Privacy Policy, the terms of which may be found posted on our website. Please review our Privacy Policy to understand our practices. Location Based Technologies, Inc. reserves the right, from time to time, with or without notice to you, to change its Privacy Policy in its sole and absolute discretion. The most current version of the Privacy Policy can be reviewed by clicking on the "Privacy Policy" located at the bottom of the first page of the PocketFinder® Website. The most current version of the Privacy Policy will supersede all previous versions. Your use of the PocketFinder® Website or continued use of our service after changes are made means that you agree to be bound by such changes.

License

Location Based Technologies, Inc. grants you a non-exclusive license to use the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website in accordance with the terms of this License. Any supplemental software codes or supporting materials provided to you as part of support services provided by Location Based Technologies, Inc. shall be subject to the terms and conditions of this License.

The PocketFinder®, PocketFinder® Service, PocketFinder® Website and PocketFinder® Software are intend for use by parents and/or guardians in monitoring the location of their children, for assistance in elder care, or for monitoring the location of pets. The PocketFinder® may also be purchased by employers for monitoring the location of their employees during scheduled working hours. The PocketFinder® may also be purchased for monitoring the location of personal property.

You may not: 1) Use the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website other than as permitted by this License; 2) reverse engineer decompile, or disassemble the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website except to the extent this restriction is prohibited by law; 3) modify the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website or merge the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website with any other product or program; 4) Use the PocketFinder®, the PocketFinder® Service, the PocketFinder® Software, and the PocketFinder® Website to locate any person who has not consented to having his or her location or their assets to be monitored by Pocketfinder®.

PocketFinder® Software

The PocketFinder® Software (the "Software") that you download and install onto your personal computer enables you to utilize our enhanced features. The Software is licensed, not sold or given, to you by Location Based Technologies Inc. for use only under the terms of this License, and Location Based Technologies, Inc. reserves all rights not expressly granted to you. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Software, unless such upgrade contains a separate license. We do not warrant that defects in the PocketFinder® Software will be corrected.

Third Party Content

Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade-secrets, in or relating to the PocketFinder® or any component thereof, or the than the rights expressly licensed to you under this Agreement or in another mutually agreed upon, written agreement that you may have with Location Based Technologies, Inc. Apart from your right to view the third-party content, this License does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content. Any rights not expressly granted herein are reserved.

Consent to Use of Data

The Software will provide Location Based Technologies, Inc. with limited access to your computer system. Among other things, the Software will provide Location Based Technologies Inc. with information related to your historical locations and the performance of the device.

Disclaimers of Warranties and Limitations on Liability

A. Warranties

Subject to the terms and conditions of this Limited Warranty, Location Based Technologies, Inc. (“LBT”), warrants to you only (the original purchaser), that under normal use and service, the Product will substantially conform with the accompanying printed user instruction materials for a period of ninety (90) days starting as of the date of your sales receipt (the "Warranty Period").

You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to you.

In the event that you are not completely satisfied with your PocketFinder device, you may return the device to us within 30 days from the date of record of your purchase or 14 days from activation for a full refund, subject to the terms and conditions below.

Location Based Technologies, Inc., products are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, LBT will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iii) damage caused by service performed by anyone who is not an authorized service provider of LBT; or (iv) damage to a product that has been modified or altered without the written permission of LBT. In addition, Location Based Technologies, Inc. reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country. Location Based Technologies, Inc. products are intended to be used as an asset, pet, or personal management tool and should not be used for any purpose requiring precise measurement of direction, distance, location or topography. Location Based Technologies, Inc. makes no warranty as to the accuracy or completeness of map data.

You must return the device in its original packaging and with all materials and components included with it, and if you have enrolled in our service offering, you must deactivate your service on the PocketFinder website. You will be required to include an original receipt as proof of your purchase.

For items returned within the return period, LBT will refund the purchase price less one month of service if activated, and LBT will refund any prepaid charges for services.

PLEASE NOTE: You are required to deactivate your services AND return your device. Returning your device does not automatically deactivate your service. To learn how to deactivate your service, please visit www.PocketFinder.net/account.aspx.

Repairs have a 90 day warranty. If the unit returned is still under its original warranty, then the new warranty is 90 days or to the end of the original one year warranty, depending upon which is longer.

THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE. IN NO EVENT SHALL LOCATION BASED TECHNOLOGIES, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LBT retains the exclusive right to repair or replace (with a new or newly-overhauled replacement product) the device or software or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.

To obtain warranty service, visit www.pocketfinder.com, contact your local Location Based Technologies, Inc., authorized dealer or call LBT’s Product Support for shipping instructions and an RMA tracking number. Securely pack the device and a copy of the original sales receipt, which is required as the proof of purchase for warranty repairs. Write the tracking number clearly on the outside of the package. Send the device, freight charges prepaid, to the address on the RMA label.

As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind; however, there is an upgrade product purchase program available.

B. Exclusive Remedy.

During the Warranty Period and subject to applicable law, PocketFinder will, at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties:

• Replace a defective PocketFinder® Product, or
• After the Warranty Period has expired, Location Based Technologies, Inc. may charge you a fee for upgrading to a new PocketFinder® Device.

C. No Other Warranties.

The express warranty stated in Section A is the only express warranty made to you and is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other documentation or packaging. No other warranties or conditions are made with respect to the Product or the warranty services by any person, including but not limited to Location Based Technologies, Inc. and its suppliers. No information (oral or written) or suggestions given by Location Based Technologies, Inc., its agents or suppliers, or its or their employees, shall create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or non-infringement in the Product. You may have greater rights existing under legislation in your jurisdiction. Where such laws prohibit any term of this Limited Warranty, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.

D. Exclusions From Limited Warranty.

This Limited Warranty shall not apply and Location Based Technologies, Inc. has no liability under this Limited Warranty if the PocketFinder® Product:

• is used for commercial purposes (including rental or lease);
• is modified or tampered;
• is not used in accordance with the accompanying documentation and use instructions; or
• is opened, disassembled, repaired, modified, or altered by other than PocketFinder® authorized repair centers.

This Limited Warranty does not cover your data or any separate software or content whether or not packaged or included with the Product, or any accessories or peripheral devices that are not manufactured by or for Location Based Technologies, Inc.

E. Exclusion of Consequential, Incidental, and Certain Other Damages, and Limitation of Liability.

TO THE FULL EXTENT ALLOWED BY LAW, POCKETFINDER IS NOT LIABLE FOR ANY:

1. CONSEQUENTIAL OR INCIDENTAL DAMAGES;
2. DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR
3. INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF RELATING IN ANY WAY TO THE POCKETFINDER® PRODUCT.

THE FOREGOING APPLIES EVEN IF LOCATION BASED TECHNOLOGIES OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

F. Obtaining Warranty Service.

To receive instructions for obtaining repair or replacement warranty services you must e-mail: service@pocketfinder.com

You must also:

1. Submit proof of purchase in the form of a bona fide, dated bill of sale, receipt, or invoice (or a copy) evidencing that your request for service is made within the Warranty Period.
2. Follow shipping and other instructions if it determines that all or part of your PocketFinder® Product requires return for repair or replacement. To obtain the warranty service, you must take or deliver the PocketFinder® Product in suitable packaging that provides an adequate degree of protection against damage during transit to the location specified by Location Based Technologies, Inc. Except as otherwise required by legislation in your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at your expense.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or may void your warranty.

G. Limitations on Roaming Service.

COMPANY WILL PROVIDE THE SAME ACCESS TO ROAMING CAPABILITIES (INCLUDING “IN-AREA” ROAMING WHERE AVAILABLE) THAT IS MADE AVAILABLE BY COMPANY TO OTHER SIMILARLY SITUATED SUBSCRIBERS PROVIDED THAT EQUIPMENT WITH SIMILAR TECHNICAL CAPABILITIES AND PROGRAMMING IS USED BY CUSTOMER OR END USERS. THE AVAILABILITY OF ROAMING SERVICES, AND THE CHARGES FOR THOSE SERVICES, IS DEPENDENT IN PART ON THE COUNTRIES YOU ARE ROAMING IN AND THE AMOUNT OF DATA USED. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY OTHER WIRELESS CARRIERS, AND COMPANY WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF ROAMING SERVICES PROVIDED BY OTHER WIRELESS CARRIERS.

IF COMPANY, OR ANOTHER ENTITY WITH WHOM COMPANY HAS A ROAMING AGREEMENT, DISCOVERS OR SUSPECTS ABUSE OR FRAUD WITH RESPECT TO CERTAIN NUMBERS, THEN ROAMING PRIVILEGES MAY BE SUSPENDED WITH RESPECT TO SUCH NUMBERS. COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE CUSTOMER WITH PRIOR, OR PROMPT SUBSEQUENT, NOTIFICATION OF THE SUSPENSION OF THE ROAMING SERVICE. COMPANY WILL NOT BE LIABLE IN ANY CAPACITY TO CUSTOMER FOR THE UNAVAILABILITY OR SUSPENSION OF ROAMING SERVICE BY OTHER CARRIERS.

TO THE EXTENT ACCESS TO ROAMING CAPABILITIES IS PROVIDED BY COMPANY TO CUSTOMER, IT IS DEEMED TO BE A “SERVICE” AND THE USE OF SUCH ROAMING BY CUSTOMER OR END USERS WILL BE GOVERNED BY THE PROVISIONS OF THIS AGREEMENT.

H. Limitation of Liability.

GENERALLY. COMPANY’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER’S OR END USER’S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE SPECIFIED CREDITS UNDER THIS AGREEMENT, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO LBT.

CONSEQUENTIAL DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS.

DISCLAIMER OF LIABILITY. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY LBT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER, END USERS OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING EMERGENCY RESPONSE ALERTS); OR, LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S, ITS AFFILIATE’S, OR END USERS.

Export Law Assurances

You acknowledge that the PocketFinder® and the PocketFinder® Software are subject to United States export jurisdiction. You agree to comply with all applicable national and international laws that apply to the PocketFinder® and the PocketFinder® Software, including the United States export Administration regulations, as well as end user, and end use, and destination restrictions issued by the United States and other governments. For more information concerning United States export restrictions, visit www.bis.doc.gov/licensing/exportingbasics.htm.

Government End Users

The Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Termination

This License is effective until terminated. Your rights under this License are terminable by Location Based Technologies, Inc. at any time without notice. If you or your authorized users breach this agreement, Location Based Technologies, Inc. may, in addition to all other rights and remedies provided by this agreement or by law, terminate this agreement and any other usage. Your ability to use the instant viewing feature is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Location Based Technologies, Inc. shall not have any liability to you or your authorized users arising from or related to the termination of this agreement in accordance with this section.

Limited Users

Our Limited User feature allows you to create separate sub-accounts, called Limited Users, under one subscription plan. Each Profile will be able to have its own ratings history and recommendations tailored to the sub-account member's tastes, its own community of accessible devices, and its own Queue. You may create up to ten limited user accounts.

To create a new Limited User, the member who created the first PocketFinder® account and whose Payment Method is charged, known as the Account Owner, must click on the" Your Account" link and click on "Add Profile."

The Account Owner has access and control over each Limited User, including all of the information provided and features selected for that Limited User such as the sub-account member's name, password, maturity level and ability to participate in the community features. The Account Owner's control over Limited Users is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting PocketFinder® Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last 4 digits of their Payment Method to sub-account members. A Limited User’s individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Limited User features, recommendations and Queue. All information within each Limited User is personal to that Limited User and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Limited User by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

Account Access; Identity Protection

In order to provide you with ease of access to your account, Location Based Technologies, Inc. will place a cookie (a small text file) on any computer from which you access the PocketFinder® website. When you revisit the PocketFinder® website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account while requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the PocketFinder® website.

If you find that you're a victim of identity theft and it involves a PocketFinder® account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Location Based Technologies, Inc. reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Location Based Technologies, Inc. is not obligated to credit or discount a membership for holds placed on the account by either a representative of Location Based Technologies, Inc. or by the automated processes of PocketFinder® products and services.

Planned Service-Affecting Work

Location Based Technologies, Inc., a corporation incorporated under the laws of California and having offices at 4989 E. La Palma Ave., Anaheim, CA 92807 will be entitled at any time to modify, expand, improve, test, maintain or repair the System and to suspend providing the access to the System for such purposes. Location Based Technologies, Inc. undertakes to keep such planned interruption at a minimum and will use commercially reasonable efforts to only interrupt the access to the System at the regularly scheduled maintenance window, or at times which are outside normal Business Hours. Location Based Technologies, Inc. may undertake service impacting maintenance during its regular maintenance window of Wednesday mornings between 2 am and 5 am PST. This will be done without any prior customer notification. If the planned outage is done outside of the regularly scheduled maintenance window, the Company will notify the Customer at least two (2) days in advance of the planned interruption and will provide the date, time, and anticipated length of such interruption.

Copyright

All content included on the PocketFinder® website and delivered to subscribers as part of the service, including mapping, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Location Based Technologies, Inc. (having the registered trademark “Location Based Technologies”), or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Location Based Technologies, Inc. and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Location Based Technologies, Inc. or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the PocketFinder® Software) or other products or processes accessible through the PocketFinder® website, not to insert any code or product or manipulate the content of the PocketFinder® website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Location Based Technologies, Inc. reserves the right to terminate your subscription hereunder if Location Based Technologies, Inc., in its sole and absolute discretion, believes that you are in violation of this paragraph, the unauthorized use of our features, the PocketFinder® Software or the copying or other unauthorized use of our proprietary content. Location Based Technologies, Inc. does not promote, foster or condone the copying of such software or any other infringing activity. The use of your PocketFinder® device purchased to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the PocketFinder® website.

Trademarks/Service marks

PocketFinder is registered trademark and service mark of Location Based Technologies, Inc. The PocketFinder logo and www.PocketFinder.com are trademarks or service marks of Location Based Technologies, Inc. The PocketFinder website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Location Based Technologies, Inc. The trademarks, service marks and trade dress of PocketFinder® products and services may not be used or reproduced without prior written approval from Location Based Technologies, Inc. and may not be used in connection with any product or service that is not affiliated with Location Based Technologies, Inc. in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Location Based Technologies, Inc. or in any manner that disparages or discredits Location Based Technologies, Inc.. Other trademarks or service marks that appear on the PocketFinder® website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Location Based Technologies, Inc. Any images of persons or personalities contained on the PocketFinder® website are not an indication or endorsement of Location Based Technologies, Inc. or any particular product or our service unless otherwise indicated.

Use of Information Submitted

Location Based Technologies, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the PocketFinder® Network ("Content"), including, without limitation, responses to questionnaires or through postings to the PocketFinder® website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PocketFinder® website or other websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Location Based Technologies, Inc. does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Location Based Technologies, Inc. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Location Based Technologies, Inc. and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the PocketFinder® service, you consent to receiving electronic communications from Location Based Technologies, Inc. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured services or information or offerings. These communications are part of your relationship with Location Based Technologies, Inc. and you receive them as part of the PocketFinder® subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Conduct on the PocketFinder Website

By accessing the PocketFinder® website, you agree to use the PocketFinder® service, including all features associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PocketFinder® website. You also agree not to interfere with the servers or networks connected to the PocketFinder® website or to violate any of the procedures, policies or regulations of networks connected to the PocketFinder® website. You also agree not to impersonate any other person while using the PocketFinder®website, conduct yourself in a vulgar or offensive manner while using our service, or use the PocketFinder® website for any unlawful purpose.

Limitations on Use

By accessing the PocketFinder® website, you agree to use the PocketFinder® service, including all features associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PocketFinder® website. You also agree not to interfere with the servers or networks connected to the PocketFinder® website or to violate any of the procedures, policies or regulations of networks connected to the PocketFinder® website. You also agree not to impersonate any other person while using the PocketFinder® website, conduct yourself in a vulgar or offensive manner while using our service, or use the PocketFinder® website for any unlawful purpose.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks and banners on the PocketFinder® website may lead to other websites that are not controlled by, or affiliated with, Location Based Technologies, Inc. In addition, other websites may link to the PocketFinder® website and/or Location Based Technologies® website. PocketFinder and/or LBT may not have reviewed these websites and is not responsible for the content or privacy policies of these websites.

Claims of Copyright Infringement

It is the policy of Location Based Technologies, Inc. to respect the intellectual property rights of others. Location Based Technologies, Inc. does not promote, foster or condone the copying of software or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the PocketFinder® website, or know of someone who is making unauthorized use of the content of the Location Based Technologies® website, please notify us of your concern by submitting a written notice to us at the following address:

Location Based Technologies Inc.
38 Discovery – Suite 150
Irvine, CA 92618
Attention: General Counsel

Your notice must be signed and contain the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on the PocketFinder website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
7. Our copyright notice email address is copyright@PocketFinder.com Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through our email address. For queries that are not related to copyright matters, please see other ways to contact us.

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws and provisions. You and Location Based Technologies, Inc. agree that the United States District Court for State of California and/or the California Superior Court for the County of Orange shall have exclusive jurisdiction over any dispute between you and Location Based Technologies, Inc. relating in any way to the PocketFinder® products or services or website or these Terms of Use. You and Location Based Technologies, Inc. expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, no representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Last updated: June 2011

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