End-User License Agreement (EULA)

These “Terms of Use” are your legal agreement with us.  Spacefox Electronics Inc, is the owner and operator of FiveTrack.com, Shipmentintegrityguard.com (the “Website”).  By accessing and using the Website, you agree to and accept these Terms of Use for purposes of this instance of accessing the Website, and for purposes of each subsequent time you access or use the Website.  If you do not agree with any of these terms or conditions, you agree not to use the Website.

Your Identity: “You” (or “you”) are the individual who has gained access to the Website, who is agreeing to these Terms of Use, and who is using the Website pursuant to these Terms of Use. You represent that you are the authorized employee or other authorized representative of a business entity (“Customer”) that has a contractual relationship with Spacefox Electronics, Inc, pursuant to which the Customer is authorized to access and use the Website.

Authorization for Access to the Website: You specifically represent that Customer has authorized you to access the Website on Customer’s behalf, and that Customer has provided you with the log-in ID and passwords that you have used to do so.

Your Use of the Website (Restrictions, Conditions and Licenses): You agree that you shall use the Website subject to the following conditions: only on behalf of the Customer, only in the manner for which the Website is designed, and only for the purposes of tracking, monitoring and recovering goods that are the subject of Spacefox Electronics, Inc online hosted “Services” provided to the Customer (all of the foregoing conditions and purposes referred to herein as the “Permitted Purpose”). During each online session in which you have gained access to the Website under the authority of the Customer, you are granted a temporary, revocable license to use the Website and Services within and for the Permitted Purpose, including but not limited to a license to generate, print, copy, upload, download, store and otherwise process all GUI, audio, visual, digital and other output, displays and other content required by or provided by the use of the Website or Services, exclusively for Customer’s internal business use and benefit. You agree not to access or use the Website other than as authorized above. Without limitation of the foregoing you agree to the following restrictions. You shall not duplicate, re-distribute, disassemble, decompile, modify, merge into other materials, copy or reverse engineer SPACEFOX ELECTRONICS, INC proprietary software, SPACEFOX ELECTRONICS, INC confidential information, or the Website. You shall not duplicate, re-distribute, disassemble, decompile, modify, merge into other materials, copy, or reverse engineer any information of Customer obtained from the Website, nor shall you input or upload any information to the Website, except as you are expressly authorized by Customer. You shall not attempt to unlock or bypass any copy-protection, licensing or authentication algorithm utilized by SPACEFOX ELECTRONICS, INC software or the Website. You shall not provide access to the Website, nor your log-in ID or password to any person not specifically authorized by Customer or by SPACEFOX ELECTRONICS, INC without the express written permission of SPACEFOX ELECTRONICS, INC.  You will not disclose the Website contents or output of the Services to any third party without the express written permission of SPACEFOX ELECTRONICS, INC or the Customer. You shall not remove or modify any copyright notice, nor any “About” dialog, or the method by which it may be invoked. Infringements of the proprietary materials, trademarked materials and copyrighted materials and information included in the Website and other violations of these conditions of use may result in severe civil and / or criminal penalties, and may be prosecuted to the maximum extent allowed by law.  You agree that either SPACEFOX ELECTRONICS, INC may revoke or restrict your access to the Website at any time.

Ownership of and Use of Website, Reports and Data: The Website, as well as the reports created through your use of the Website, are the sole property of SPACEFOX ELECTRONICS, INC. SPACEFOX ELECTRONICS, INC’s rights in any such reports created through your use of the Website are expressly subject to the Customer’s rights in any Customer data provided by Customer as input to the Website for purposes of using the Services. Your rights in the reports created through your use of the Website include and are expressly limited to the following: (1) the limited access rights to use the Website as described above; (2) the opportunity to provide data inputs and to view and download certain reports and information as permitted by the Website and for the Permitted Purpose; and (3) the opportunity to use and distribute such reports to Customer’s personnel who are authorized to receive them specifically for the Permitted Purpose.  You grant SPACEFOX ELECTRONICS, INC the royalty free, irrevocable, perpetual rights to use, copy, modify, distribute, aggregate, compile and/or publish in its original or modified form the information and data contained in assessment reports or derived from the use of the Services process, provided that in doing so SPACEFOX ELECTRONICS, INC does not provide your personal information or Customer’s identifying information in such a manner as would be reasonably likely to identify you or Customer to others as the subject of the aggregated report.

Confidentiality: You agree that you will treat the Website, the assessments, the reports, and data, whether input to or output from the Website or Services, and any information downloaded by you or disclosed to you by SPACEFOX ELECTRONICS, INC through the Website, and your password and related access information to the Website, as Confidential Information and the trade secrets of SPACEFOX ELECTRONICS, INC. 

DISCLAIMER OF WARRANTIES: You expressly agree that all materials, information, software, products, and services included in or available through the Website (the “Website Content”) are provided “as is” and “as available” for your use. The Website Content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular modification under applicable law. SPACEFOX ELECTRONICS, INC make no warranty that the Website Content is accurate, reliable or correct; that the Website will be available at any particular time or location; that any defects or errors will be corrected; that the Website Content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the Website.

LIMITATION OF LIABILITY: Under no circumstances shall SPACEFOX ELECTRONICS, INC, our parents, subsidiaries, affiliates, or our licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the Website or from information provided on the Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification: You agree to defend, indemnify, and hold SPACEFOX ELECTRONICS, INC and our parent, subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your violation of these Terms of Use, including but not limited to misuse of the Website or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use: By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. SPACEFOX ELECTRONICS, INC makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Changes to Terms of Use: SPACEFOX ELECTRONICS, INC reserves the right to modify the Terms of Use at any time without giving you prior notice. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms of Use. Your use of the Site following any such modification constitutes your agreement to the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Integration and Severability: This Terms of Use constitutes the entire agreement between SPACEFOX ELECTRONICS, INC and you with respect to the Website and supersedes all prior or contemporaneous communications and proposals between us with respect to the Website. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Survival of Terms: The provisions regarding Confidentiality, Ownership of and Use of Reports, Indemnifications, Disclaimer of Warranties, Limitations of Liability, and Choice of Law will survive the term of your actual use of, or permission to use, the Website.

Headings: Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.