Main Course Technologies - Worldwide Tracking Service

Please read the following User Agreement. Click on the Accept button to log your acceptence of this agreement and continue or click the decline button to abort.

USER AGREEMENT

This Agreement describes the terms and conditions applicable to the services provided by Main Course Technologies ("Main Course Technologies" or "we") at this site (http://www.mctworldwide.com).  It states what responsibilities we have to you as a "User" of this site and its associated hardware and software, important disclaimers about the use of this site, its associated hardware and software, the results obtained from using this site, and what rights and responsibilities you have as a User.   Please take the time to read and understand it, including in particular Section 6 herein, relating to disclaimers of warranties.  By clicking the "I Agree" button presented to the User in conjunction with this Agreement during operation of this site, the User expressly consents to the terms and conditions of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated below, all amended terms shall automatically be effective immediately upon creation of new accounts and upon renewal of existing accounts.  All rights not expressly granted herein are reserved.  This Agreement may not be amended by the User except in a writing signed by the User and Main Course Technologies.  This agreement was last revised on January 7,2000.

1.	USER ACCESS AND ELIGIBILITY

This User Agreement shall become effective upon creation of a new account or upon the monthly renewal of an existing account, and shall continue in effect until terminated as pro-vided in Section 5 herein.  The services available though this site are available only to individuals of legal age who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors.

2. 	APPLICABLE FEES

All Users must create an account as a condition precedent to accessing services from this site.  Creating an account may subject the User to various fees, including but not limited to account set-up fees and/or monthly service fees.  Our fee structure is available (at http://www.mctworldwide.com/docs/NewUser1.htm).  We may change the fees for our services from time to time.  Changes to the fee structure are effective immediately upon creation of a new account or upon the renewal of an existing account.  We may, at our sole discretion, from time to time, change some or all of our services.  Any newly introduced services may be subject to additional fees. Unless otherwise stated, all fees are quoted in U.S. Dollars. The User is responsible for paying all fees associated with using our services and this site and any applicable taxes.

3.	HARDWARE AND THIRD PARTY SOFTWARE AND SERVICES

 The User has the sole responsibility to obtain and properly configure appropriate hardware and software necessary to use this site.  The User must establish and maintain an Internet connection and associated browser and e-mail software for use in communicating with this site.  The User must also purchase and maintain one or more currently supported consumer devices.  A list of the currently supported consumer devices is available (at http://www.mctworldwide.com/docs/DeviceSupport.htm).

Main Course Technologies may, in its sole discretion, from time to time, add to and delete from the list of currently supported consumer devices.  The User is responsible for providing his or her personal information and the applicable device information to Main Course Technologies.  The User must make available to Main Course Technologies the device type (manufacturer) and the device ID (this could be a phone number or an IP address).  The User is solely responsible for any and all fees associated with the purchase and maintenance of his or her currently supported consumer device(s), including but not limited to the device purchase price, applicable taxes, cellular service fees and wireless communications fees.

4.	INTELLECTUAL PROPERTY RIGHTS AND RESTRICTED USE

4.1  Main Course Technologies'  Rights.  User acknowledges and agrees that Main Course Technologies, its successors and assigns, and its licensors, to the extent applicable,  are the sole owners of this site and its associated hardware and software and have the sole right to grant access and/or licenses to the site and its associated hardware and software.  User acknowledges and agrees that this site, and its associated hardware and software, constitute valuable confidential information and trade secrets, proprietary to Main Course Technologies and its licensors.   User shall have only the limited use rights specifically granted by this Agreement and this site.

4.2  No Decompilation, Reverse Engineering or Modification.  User acknowledges and agrees that it shall not, directly or indirectly, modify, disassemble, decompile, recreate, generate or reverse engineer any portion of this site or its associated hardware and software or any portion thereof.

4.3  Only Archival Copying.  If Main Course Technologies furnishes User with any software, the User acknowledges and agrees that it shall make only a single archi-val copy of the software, which copy shall be the property of Main Course Technologies, subject to the terms of this Agreement.  Such archival copy shall include all copyright, trade secret and other proprietary notices included in the copy of the software furnished by Main Course Technologies.

4.4  Confidentiality. User acknowledges and agrees that it shall not disclose or make available, directly or indirectly, all or any portion of any software furnished to the User by Main Course Technologies.

5.  	TERMINATION

 If any fee to be paid by User for the services provided by this site and/or any rights granted herein is past due, Main Course Technologies may terminate this Agreement without prior notice to the User.  Main Course Technologies, in its sole and absolute discretion, without prior notice, may terminate this Agreement and  the rights granted hereunder, if the User fails to comply with any obligation under this Agreement, or if any representation of User shall be inaccurate, or if any warranty of User shall be breached.  The User may terminate this Agreement upon 30 days written notice to Main Course Technologies.

6.      DISCLAIMER OF WARRANTY

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE AND ITS ASSOCIATED HARDWARE AND SOFTWARE IS AT USER'S SOLE RISK.  THIS SITE, AND THE ASSOCIATED HARDWARE AND SOFTWARE, ARE PROVIDED  "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF OPERABILITY, OF CONFORMANCE TO PUBLISHED SPECIFICATIONS, OR OF MERCHANTABILITY.  MAIN COURSE TECHNOLOGIES DOES NOT GUARANTEE THAT THIS SITE, OR ITS ASSOCIATED HARDWARE AND SOFTWARE, WILL BE AVAILABLE FOR USE AT THE TIMES OR LOCATIONS OF USER'S CHOOSING. THE ENTIRE LIABILITY OF MAIN COURSE TECHNOLOGIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THIS SITE AND THE ASSOCIATED HARDWARE AND SOFTWARE, SHALL BE THE REFUND OF ANY FEE PAID TO MAIN COURSE TECHNOLOGIES IN CONNECTION THEREWITH. IN NO CASE SHALL MAIN COURSE TECHNOLOGIES BE LIABLE FOR INFRINGEMENT OF ANY U.S. OR FOREIGN PATENT, COPYRIGHT, TRADEMARK, LOST OR CORRUPTED DATA, LOST PROFITS, OR ANY  INDIRECT OR  CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION ARISING FROM THE USE BY USER OF THIS SITE OR THE ASSOCIATED HARDWARE AND SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO USER'S USE OF THIS SITE OR THE ASSOCIATED HARDWARE AND SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LICENSOR SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7.	USE AND LIMITATIONS OF RESULTS

THE RESULTS OF USE OF THIS SITE AND ITS ASSOCIATED HARDWARE AND SOFTWARE BY THE USER ARE PROVIDED -- AS IS AND WHERE AVAILABLE -- AND FOR INFORMATIONAL PURPOSES ONLY.  MAIN COURSE TECHNOLOGIES ENDEAVORS TO PROVIDE THE MOST ACCURATE INFORMATION POSSIBLE.  HOWEVER, DUE TO CIRCUMSTANCES BEYOND MAIN COURSE TECHNOLOGIES' CONTROL, THE ACCURACY OF THE INFORMATION PROVIDED BY THIS SITE MAY VARY.  ACCORDINGLY, THE USER MUST NOT RELY ON ANY INFORMATION PROVIDED BY THIS SITE AS HIS OR HER ONLY MEANS FOR ESTABLISHING CONTACT WITH HOLDERS OF ANY CURRENTLY SUPPORTED CONSUMER DEVICE.

8.	REPRESENTATIONS AND WARRANTIES

 8.1	Representations and Warranties of Licensor.  Main Course Technologies represents and warrants that it has the right to grant the rights herein granted to User.

8.2	Representations and Warranties of User.  The User represent and warrants to Main Course Technologies that the User is an individual, and is, and will be, at all times during the term of this Agreement, using this site for personal use, and not for use in connection with providing advice, products or services of any nature to any third person or entity.

9.	MISCELLANEOUS

This Agreement represents the entire agreement between the User and Main Course Technologies concerning the subject matter hereof and supersedes and merges all prior verbal and written agreements, discussions and understandings between the parties, and neither of the parties shall be bound by any condi-tions, inducements or representations, including without limitation any statement in any advertising or promotional materials by or on behalf of Main Course Technologies. The User acknowledges and agrees that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of either party to insist upon any of its rights under this Agreement upon one or more occasions shall not be deemed a waiver of such rights on any subsequent occasions.  The laws of the State of  California, excluding its conflicts-of-law rules, govern the construction and interpretation of this Agreement.  This User acknowledges that his or her conduct may be subject to other local, state, national, and international laws.  User expressly acknowledges and agrees that exclusive jurisdiction for any claim against or dispute with Main Course Technologies or any officer, director, employee or agent of Main Course Technologies relating to the subject matter of this Agreement shall be in the courts of Riverside County, California, and User agrees and expressly consent to the exercise of personal jurisdiction in the courts of Riverside County, California, in connection with any such claim or dispute. 

The User acknowledges and agrees to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.