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Terms of Use and Privacy Statement

Terms of Use

1. General. This site is owned and operated by or on behalf of Locator IP, L.P. and User-Centric IP, L.P., both doing business as Locator Centric (“Locator Centric”). By using the site, you are agreeing to Terms of Use (“Terms”) set forth herein and that you are 18 years of age or older. If you do not agree with the Terms, you may not and should not use the Site.

2. Use of Site. You agree this Site is furnished and shall be used solely for informational and evaluation purposes only.  The site and its services may be used for lawful purposes only, and may not be used in a manner which violates or infringes Locator Centric’s expressly reserved rights. Nothing on this Site constitutes an offer to sell or license any of materials referenced herein.

3. Intellectual Property. Information furnished by Locator Centric is proprietary information, ownership of which shall remain with Locator Centric and/or its affiliated or related companies. All information, data, images, and other things comprising the site are to be considered copyrighted by Locator Centric and they remain the sole and exclusive property of Locator Centric.

4. Trademark Information. Locator Centric is the trademark of Locator IP, L.P. and User-Centric IP, L.P. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.

5. Copyright Information. ® 2013 Locator IP, LP and User-Centric IP, LP. All rights reserved.

6. Notification of Copyright Infringement.

If you believe that this Site contains material which constitutes copyright infringement, please provide Locator Centric’s Copyright Agent a Notice of Infringing Material(s) (“Notice”) containing the following elements:

1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.

2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.

3. A description of where the material the alleged infringing material(s) is located on the Locator Centric Site (include a URL if possible).

4. Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number.

5. A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.

6. A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.

Locator Centric’s Copyright Agent for Notices of Infringing Materials can be reached as follows:

By Mail
Locator Centric
385 Science Park Road
State College, PA 16803 USA
Attn: Office of Legal Services, Copyright Agent

By phone 
(814) 235-8565 By fax (814) 235-8569

By email 
copyright@locatorcentric.com

7. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE MATERIALS ARE PROVIDED BY LOCATOR CENTRIC ON AN “AS IS” BASIS. LOCATOR CENTRIC MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCATOR CENTRIC DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. LOCATOR CENTRIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOCATOR CENTRIC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF LOCATOR CENTRIC ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE SERVICES OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE AGREGATE AMOUNT OF $10.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.

8. Indemnification. You agree to indemnify and save harmless Locator Centric and/or its affiliated or related companies from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Locator Centric may sustain by reason of your use of this Site, your breach of any of the terms, covenants or conditions of these Terms, or other claims against Locator Centric arising from these Terms.

9. Export Controls. This Site and the services may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. If you have any questions regarding the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.

10. Links. This website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites. Locator Centric makes no representations whatsoever about any third party web site which you may access through the site and you agree Locator Centric has no control over and is not responsible for such third party sites.

11. Privacy. Locator Centric is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. The Privacy Statement is fully set forth below.

12. Modifications. Locator Centric may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. Locator Centric has the right at any time to modify or cancel any feature or functionality of the Site and Locator Centric reserves the right to suspend or terminate access to this Site if you violate these terms of use, or for scheduled or unscheduled support and maintenance on the Site.

13. Term. These Terms are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by you without the express written permission of Locator Centric.

14. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Pennsylvania, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania law.

15. ENTIRE AGREEMENT. THESE TERMS OF USE, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICES (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by Locator Centric.

Privacy Statement

Locator Centric wants to inform you of appropriate information and choice mechanisms to make and implement informed decisions on using the Locator Centric site, including but not limited to providing Personally Identifiable Information (‘PII’).

Your use of the this site indicates your consent and acknowledgement to the practices described in this Privacy Statement and that you are 18 years of age older. This site is not intended for minor children.

We want you to know that Locator Centric is committed to safeguarding your privacy online. As Locator Centric expands its offerings and as technology evolves, we may, from time to time, update our privacy practices to address these. Please check this page on a regular basis for updates to this Privacy Statement.

What We Collect About You.

-You may be asked to provide information that personally identifies you or allows Locator Centric to contact you. Generally this information is requested when you are asked to register inquiring about our services. You may be asked to provide personally identifiable information such as your name, address, and email address (collectively ‘Personally Identifiable Information’ or ‘PII’). You may be asked for information which is no considered PII, such as a zip/postal code and/or country of origin.

-In addition to the information that you may proactively provide or voluntarily disclose, your mere use of the this site may result in the assignment of unique identifying numbers and/or codes which may be used to allow Locator Centric and others who assist Locator Centric in the support of the site and the services offered on the Locator Centric site, including advertisers, if any, to track a user’s web browsing movements across the internet and not just on the Locator Centric site. This type of information is considered User Data (as defined below). By using the Locator Centric site, you acknowledge and consent to such activity.

-If you contact Locator Centric we may keep a record of that correspondence, and may further prompt you for further information, depending on the nature of the contact.

-To the extent unique information, which is not in itself PII, such as personal profile, anonymous identifier(s), demographic information, behavioral information, browser identifiers, session information, device type, carrier provider, unique device ID, UUID/UDID, carrier user ID, web sites visited, IP address and traffic data, is associated with PII, then such unique information shall NOT be considered PII, but shall be considered User Data. Additionally, PII does NOT include information that is collected anonymously (i.e. without identification of the individual user) or demographic or behavioral information that is not connected to or correlated with an identified individual.

Online Behavioral Advertising. The Locator Centric site may be designed to utilize Online Behavioral Advertising, data collection and use practices (OBA). This means that certain information regarding your internet viewing behaviors or practices, over periods of time and perhaps involving websites or applications which are not the Locator Centric site, may be used for the purpose of choosing advertising to display to you, if any. If you desire to “opt-out” of this OBA process, you can use the link at http://www.aboutads.info/choices to do so.

Cookies. The Locator Centric site may be designed to utilize cookies for optimal user performance. Cookies and other types of identifiers may also be included for purposes of collecting anonymous traffic data (e.g. how many people come to the Locator Centric site how often, etc.). Such cookies or identifiers may be placed by us or by third parties who perform services for us. Please check the “Help” menu in your Internet browser for information regarding how to manage your cookie preferences (or if you are using a mobile device, check the “Settings” for your browser or device). Some examples of where cookie preferences may be found and managed in your Internet browser (as of the version date of this document) are as follows: ‘Settings/Show advanced settings…/Privacy/Content settings’ (Google Chrome 25 PC); ‘Tools/Options/Privacy’ (Mozilla Firefox 15 PC); ‘Safari/Preferences/Privacy’ (Safari Mac); ‘Tools/Internet Options/Privacy/Advanced’ (Microsoft Internet Explorer 10 PC); or ‘Edit/Preferences/Receiving Files/Cookies’ (Microsoft Internet Explorer 5 Mac). Generally speaking, you may modify browser preferences to accept all cookies, be notified when a cookie is set, or to reject all cookies.

Web Beacons. Web beacons may also be found on the Locator Centric site. Web beacons are used to monitor user navigation to tailor the Locator Centric site to users’ preferences and enhance the site’s offerings. For a thorough description of web beacons and their uses, please click here.

Flash Shared Objects/HTML5 Local Storage/HTML5 Mini Databases. The Locator site may utilize Flash Shared Objects, HTML5 Local Storage and/or HTML5 Mini Databases in conjunction with the use of the sites and the targeting of advertising (if any) to the users of the Locator Centric site. Many hand held mobile devices use these technologies in conjunction with the mobile browsers on the devices. Many mobile devices use these technologies which allow for the storage of information on the mobile devices and, in effect, allow the enhancement of internet browsing as well as other uses including but not limited to targeting advertisements. The Flash Shared Objects, HTML5 Local Storage and HTML5 Mini Databases also allow the device to track a user’s web browsing movements across the internet and not just on one particular website. Locator Centric and its providers may utilize one or more of these technologies and others on the Locator Centric site.

Age / Use by Minor. Locator Centric does not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 18 to provide any personally identifiable information. If we are notified that a child under 18 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 18 has provided such information, please send us a detailed email at customerservice@locatorcentric.com so we can delete this information.

Use of Your Information.

Locator Centric may use the data we collect for the following general purposes:

  • To respond to your requests for information;
  • To administer our Site and identify problems;
  • To understand your preferences and interest in our site;
  • To compile aggregated statistics about your use of our site;
  • To help personalize your experience of our Site;
  • To improve our products and services and other internal business purposes;
  • To provide you with information about our technologies, product or service releases, news, and other communications;
  • To the extent permitted by applicable law, we may combine the various types of data that we collect, and;
    • Any other use we describe at the point where we collect the data

If for some reason you believe that Locator Centric has not adhered to these stated principles, please notify us at customerservice@locatorcentric.com, and we will work to determine the issue and correct the problem. Your concerns should be detailed in a communication including enough identifying information to permit someone to contact you, in case further information is required to troubleshoot your concerns. Be certain the words ‘Locator Centric Privacy Statement’ are included in the Subject line.