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License Agreement for Hardware and Devices

Location Based Technologies

Services End User / License Agreement for Hardware and Devices

THIS IS A LICENSE, NOT A SALE. READ THIS LICENSE CAREFULLY BEFORE USINGTHE POCKETFINDER® PRODUCT, POCKETFINDER SOFTWARE, OR POCKETFINDERWEBSITE. BY USING OR ACCEPTING THE POCKETFINDER SERVICE, OR BYVISITING, OR BROWSING THE POCKETFINDER WEBSITE YOU ACKNOWLEDGETHAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY ITS TERMS.

Acceptance of Terms of Use

These Terms of Use govern your use of the PocketFinder device, PocketFinder Software, and PocketFinder website. 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, website or mobile apps.

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. (“LBT”) 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

LBT 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: any personal location device made by LBT, utilizing both the Global Positioning Satellite (“GPS”) system and the existing GSM wireless network.

PocketFinder Service (“PocketFinder Service” or “our service”) means: the ability for a customer to logon to and manage your Pocketfinder account via the world wide web or smartphone enabled device; the ability for a customer to logon to their account and locate their PocketFinder products; and the ability for you to utilize the capabilities and applications which are available to our customers, which includes customer service.

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 (or “the Software”) means: both the software housed in the PocketFinder server system (to provide overall Service and Support) and the software contained within a PocketFinder device.

LBT and/or Location Based Technologies, Inc. means: the company/corporation that designed, developed, delivers, and supports the PocketFinder family of products. PocketFinder and Location Based Technologies, Inc. are registered trademarks and service marks of Location Based Technologies, Inc., registered in the US and other countries.

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. LBT 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 for a period of seven (7) days after changes are made means that you agree to be bound by such changes.

License

LBT 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 LBT shall be subject to the terms and conditions of this License.

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.

We can, without notice, limit, suspend or end your service or any agreement with you for any good cause, including, but not limited to, if you: (a) breach this agreement; (b) use your device for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (c) install, deploy or use your device in a way which could bring harm to the reputation of PocketFinder or Location Based Technologies, even if such use is legal; (d) steal from or lie to us; (e) provide credit information we can't verify; (f) are unable to pay us or go bankrupt; (g) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (h) interfere with our operations or business opportunities; (i) modify your device in any way. We can also temporarily limit your service for any operational or governmental reason.

PocketFinder Software

PocketFinder Software enables you to utilize your device. The Software is licensed, not sold or given, to you by LBT for use only under the terms of this License, and LBT 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 LBT. 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 LBT with limited access to your computer system. Among other things, the Software will provide LBT with information related to your historical locations and the performance of the device.

Disclaimers of Warranties and Limitations on Liability

Warranties

The Limited Warranty is subject to change from time to time at LBT’s sole discretion.

Return Policy

Devices Purchased Directly from LBT/PocketFinder

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 (the “Standard Return Period”) for a refund, subject to the terms and conditions below.

You must return the device in its original packaging and with all accessories included with it. The device and the accessories must be in their original condition. You must include an original receipt as proof of your purchase. We must receive your returned device within sixty days of the date of purchase.

For items that satisfy the terms and conditions herein and are returned within the Standard Return Period, LBT will refund the purchase price less shipping, handling and one month of service if the device was activated.

Devices Purchased from a Third Party

Any device purchased from a third party shall be limited to that third party’s return policies if the third party’s return policies are more restrictive than LBT’s. This includes, but is not limited to, an instance third party’s return period is less than the Standard Return Period.

LBT is not obligated to honor any third party’s return policies if: a) those policies allow for a return period greater than the Standard Return Period; or b) the third party’s return policies provide for different terms and conditions than those contained herein.

PLEASE NOTE: If you have set up a PocketFinder account, returning your device will not automatically deactivate it. You must deactivate your account separately to ensure you are not charged for additional service. To learn how to deactivate your PocketFinder account, please visit www.PocketFinder.net/account.aspx.

Compliance with the terms and conditions stated herein allows the customer to be eligible for a refund, but does not obligate LBT to provide one. All refunds are provided at LBT’s sole discretion.

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 LBT at any time without notice. If you or your authorized users breach this agreement, LBT 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. LBT 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, LBT 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. LBT 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. LBT is not obligated to credit or discount a membership for holds placed on the account by either a representative of LBT or by the automated processes of PocketFinder products and services.

Planned Service-Affecting Work

LBT, a corporation incorporated under the laws of California and having offices at 1 Jenner Suite 100, Irvine, CA 92618 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. LBT 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. LBT 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 LBT 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 LBT (having the registered trademark “Location Based Technologies, Inc.”), 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 LBT and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from LBT 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. LBT reserves the right to terminate your subscription hereunder if LBT, 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. LBT 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 LBT. The PocketFinder logo and www.PocketFinder.com are trademarks or service marks of LBT. The PocketFinder Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of LBT. The trademarks, service marks and trade dress of PocketFinder products and services may not be used or reproduced without prior written approval from LBT and may not be used in connection with any product or service that is not affiliated with LBT in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of LBT or in any manner that disparages or discredits LBT. 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 LBT. Any images of persons or personalities contained on the PocketFinder website are not an indication or endorsement of LBT or any particular product or our service unless otherwise indicated.

Use of Information Submitted

LBT 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 LBT 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 LBT. 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 LBT 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 LBT. 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 LBT 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, LBT. 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 LBT to respect the intellectual property rights of others. LBT 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.
7545 Irvine Center Dr., Ste 200
Irvine, CA 92618
Attention: General Counsel

Your notice must be signed and contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) 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.
(iv) Information reasonably sufficient to permit us to contact you, such as your address,telephone number, and, if available, your e-mail address;
(iii) 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;
iv) 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.
(v) 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

WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US. YOU AND LOCATION BASED TECHNOLOGIES BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

(2) UNLESS YOU AND LOCATION BASED TECHNOLOGIES AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN ORANGE COUNTY, CALIFORNIA. FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES WILL APPLY, IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S WIA RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG). FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.

(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.

(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO LOCATION BASED TECHNOLOGIES SHOULD BE SENT TO LOCATION BASED TECHNOLOGIES, 1 JENNER SUITE 100, IRVINE CALIFORNIA 92618. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE.

(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY YOU THAT AMOUNT.

(6) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(7) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

(8) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND LOCATION BASED TECHNOLOGIES AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND LOCATION BASED TECHNOLOGIES UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Last updated: 7/27/2012