- CERTAIN DEFINED TERMS. IN ADDITION TO TERMS DEFINED ELSEWHERE IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH HEREIN: (A) “EQUIPMENT” MEANS ALL OF THE HARDWARE EQUIPMENT LISTED ON THE ORDER FORM TO WHICH THESE TERMS AND CONDITIONS ARE ATTACHED, WHETHER MANUFACTURED BY SAFETY TRACK OR BY OR FOR A THIRD PARTY; (B) “CAMERA DEVICE(S)” MEANS EQUIPMENT CONSISTING OF A VEHICLE OR ASSET MOUNTED WIRELESS CAMERA DEVICE MANUFACTURED BY OR FOR SAFETY TRACK, EXPRESSLY EXCLUDING ALL PERIPHERAL, ANCILLARY OR RELATED ACCESSORIES; (C) “SERVICES” MEANS SAFETY TRACK’S DATA COLLECTION AND INTERNET-BASED VEHICLE LOCATION SERVICE THAT USES THE GLOBAL POSITIONING SYSTEM AND CAMERA DEVICES FOR POSITION LOCATION REPORTING AND A WIRELESS OR SATELLITE NETWORK OPERATED BY ONE OR MORE THIRD PARTIES FOR DATA COMMUNICATIONS, TOGETHER WITH ANY OTHER SERVICE (INCLUDING THIRD PARTY SERVICES) OFFERED BY SAFETY TRACK FOR USE IN CONNECTION WITH THE CAMERA DEVICES; (D) “APPLICATION” MEANS A SAFETY TRACK-HOSTED INTERNET WEB SITE WHICH ALLOWS YOU TO RECEIVE AND ACCESS DATA GENERATED BY THE SERVICES; AND (E) “DISTRIBUTOR” MEANS THE THIRD PARTY AUTHORIZED BY SAFETY TRACK TO OFFER YOU THE EQUIPMENT AND SERVICES SUBSCRIPTIONS.
Delivery; Acceptance; Installation. You agree to purchase the Equipment shown on the Order Form. The Equipment will be delivered as shown on the Order Form, or you may pick up the Equipment by contacting the Distributor and making specific arrangements. You are responsible for inspection upon receipt or pick up and, unless you notify us or the Distributor in writing within 30 days of delivery or pick up, you will be deemed to have irrevocably accepted the Equipment in proper working order. All deliveries of Equipment (whether shipped to or retrieved by you) are F.O.B. point of origin. It is recommended you use one of Safety Track’s Installers. Should you install yourself, let Safety Track know the details (date, time, etc.) of the installation.
- These terms and conditions govern your use of the Services indicated on the Order Form to which they are attached. From time to time, you may choose to subscribe for additional Services offered by Safety Track or its partners. Unless otherwise specified in writing, such Services shall be governed by these terms and conditions, together with any supplemental terms provided at the time of the subscription.
- Network Issues. You will be solely responsible for the choice of Internet Service Provider necessary to access the Application and for all related fees and expenses. Certain features and/or functionality of some Cellular-Based Services may be limited to roaming areas. Over time, wireless network or satellite provider requirements may change and Equipment may need to be upgraded to accommodate such changes. You may be responsible for costs related to such upgrades, and Safety Track provides no guarantee that Services will continue to be available if required upgrades are not made. Safety Track will notify you in writing as soon as reasonably practicable after receiving notice from the wireless network or satellite provider that upgrades will be required.
- Data Retention and Retrieval. You are solely responsible for establishing any long-term data retention
and retrieval requirements. Safety Track makes no guarantee that access to such data will be available
after the expiration or termination of this Agreement.
- Data Overages. If you go over your subscribed data plan, you will be charged per GB you are over. Your plan will also be increased to the appropriate data plan for your usage.
- LIMITED WARRANTY AND LIABILITY
- Safety Track warrants to the Customer only that the Safety Track Camera Device(s) purchased hereunder will be free from defects in workmanship and materials (“Limited Warranty”) for a period of 1 year from the date that the Customer purchased the Safety Track Camera Device(s) (the “Warranty Period”).
- This Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement of Safety Track Camera Device(s) damaged by tampering, misuse, accident, abuse, neglect, inadequate installation, misapplication, alteration of any kind, disaster or defects due to repairs or modifications made by anyone other than Safety Track or its authorized service representative. In addition, this Limited Warranty does not apply to physical damage of any nature whatsoever to the Safety Track Camera Device(s). The Safety Track Camera Device does not contain any end user serviceable parts, therefore, any opening or attempted opening of the Products shall constitute a breach of this Agreement by the Customer. All equipment is shipped in working condition. It is the Customer’s responsibility to verify that equipment is working properly upon receipt; Customer WAIVES ALL CLAIMS FOR DEFECT, DAMAGE, SHORTAGE, OR OTHERWISE UNLESS MADE IN WRITING TO Safety Track WITHIN 30 DAYS OF RECEIPT. Safety Track, at its discretion, will repair or replace the Safety Track Camera Device(s) in accordance with the terms of this Limited Warranty. All returns of the Safety Track Camera Device(s) and related accessories are subject to a restocking fee of 20%. The Company’s Return Policy is defined in Section 8 of this Agreement. Repair or replacement by Safety Track as stated above is your exclusive remedy under this Limited Warranty. Safety Track shall not be liable for any special, incidental, consequential or exemplary damages for breach of this Limited Warranty. Safety Track disclaims all other warranties, whether express, implied, or statutory including but not limited to, all implied warranties of merchantability, fitness for a particular purpose or any warranty arising out of any proposal, specification or sample. Any Software provided with the Safety Track Camera Device(s) is provided “as is” without warranty. This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state. Some states may not allow limitation of the duration of warranty, or the exclusion or limitation of special, incidental, consequential or exemplary damages, so the above limitations may not apply to you.
- Safety Track’s total liability with respect to any and all claims, regardless of the form of action, whether in contract, tort (including negligence and produce liability) or otherwise, arising out of or in connection with this End User License Agreement or use of any Safety Track Camera Device (s) OR Software shall not exceed the price paid to Safety Track allocable to the Safety Track Camera Device(s) which give(s) rise to the claim.
- In no event shall Safety Track be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit or revenues, loss of use of the Safety Track Camera Devices, loss of data, cost of capital, cost of substitute goods, facilities, Services or replacement power, downtime costs or claims of Customers for such damages, even if Safety Track knew of or should have known of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- Safety Track shall have no liability whatsoever to the Customer for any claims of patent, copyright or other intellectual property right infringement and/or misappropriation of trade secrets, made against the Customer in connection with the Customer’s purchase and/or use of the Safety Track Camera Device(s), OR Software.
- The Camera Device Warranty does not cover: (i) use of the Camera Device with antennas, cable connections or mounting hardware other than those furnished by Safety Track or the Distributor, or approved in writing by Safety Track; (ii) damage to the Camera Device resulting from physical impact, ordinary wear and tear, or product abuse following delivery or pick up; (iii) improper handling or installation (other than by Distributor), or (iv) alteration, modification or repair other than by Safety Track or its authorized third party. Any attempt to open a Camera Device voids the Camera Device Warranty with respect to such device. Equipment other than Camera Devices, including but not limited to antennas, batteries, cables and mounting hardware, and GPS navigation systems are excluded from the Camera Device Warranty provided by Safety Track. The Service Warranty does not include interruption of Services or the Application as a result of Internet Unavailability, Network Interruption Factors, blocked access due to unauthorized use, or force majeure events as described in Section 10.9. As used herein, (a) “Internet Unavailability” means (i) failure or unavailability of Internet access; (ii) unauthorized use, theft or operator errors relating to your telephone, cable or Internet service provider; (iii) bugs, errors, configuration problems or incompatibility of Equipment or Services relating to your computer or network; or (iv) failure of communications networks or data transmission facilities, and (b) “Network Interruption Factors” means any wireless or satellite network outages or constraints that may occur due to the availability of such network being temporarily refused, interrupted, curtailed or otherwise limited by factors including but not limited to atmospheric, environmental or topographical conditions, physical features such as buildings, tunnels or landmass features, satellite or transponder failure, coverage loss or gaps, capacity constraints, or network provider facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the applicable network.
- INVOICING and PAYMENT; TAXES
- Invoicing and Payment. Unless otherwise agreed to in writing, you must pay the first month’s Services charge, shipping, installation and taxes by credit card before Equipment will be sent or released for pick up. Thereafter, monthly charges (“Charges”) for all Services, in the amount shown on the Order Form or, where applicable, agreed to by phone, will be due once per month during the Term based on the number of Active Camera Devices and other Service related Equipment associated with your account at such time. Other than during periods of malfunction reported to and acknowledged by Safety Track, such Equipment is deemed “Active” at all times during the Term, regardless of the status of the vehicle in which it is installed. Any additional Services provided by Safety Track or an authorized third party and not covered by an express warranty hereunder will be invoiced following the provision of such Services. You shall have sole responsibility for paying the costs, if any, associated with Equipment other than the Camera Device used in connection with the Service, even if such Equipment was provided by Safety Track, Distributor, or an authorized third party. Such fees may include map updates, software or firmware upgrades, or traffic subscriptions. All invoices are stated in U.S. dollars and due within 30 days from the invoice date. If any amounts due hereunder are not paid by the applicable due date, a late fee may be charged on any delinquent balance for undisputed amounts in an amount not to exceed the lesser of 1.0% of the unpaid balance per month or the maximum amount permitted by law. All reasonable costs and expenses, including but not limited to attorneys’ fees, court costs and service charges, incurred by Safety Track in collecting payment shall be payable by you. Credit terms are at Safety Track’s discretion and are subject to change.
- Credit Card Authorization. Following your initial payment, Charges will be billed to your credit card unless you request separate billing. Unless separate billing is requested, you hereby authorize us to initiate debit entries to such card account for the Charges on a monthly basis and for any other amounts due hereunder at any time. You understand that if a debit is rejected for any reason, you may be charged additional fees, and you agree to hold us harmless from any consequences of acting in accordance with this authorization. You agree that you will remain responsible for all payments due hereunder if funds cannot be charged to the account, and you agree to pay us for any expenses incurred for unsuccessful debit attempts.
- All prices, fees and rates under this Agreement exclude sales, use, excise or any other taxes assessed at any time. Except for taxes imposed upon Safety Track’s income and FCC license fees, you must pay all applicable taxes and/or assessments, whether invoiced separately or with the Services.
- Payment by Customer shall be sent to Safety Track, LLC, 249 Main Street, Belleville, Michigan 48111, or at such other location as designated by an authorized representative of Safety Track at its headquarters in Belleville, Michigan. Customer agrees to pay late charges, as and when billed by Safety Track, on any unpaid delinquent balance in an amount not to exceed the maximum late charge permitted by law. Customer agrees to pay attorney’s fees and expenses Safety Track incurs to collect any delinquent balance.
- TERM and TERMINATION
- The initial term (the “Initial Term”) of this Agreement shall commence upon the date set forth on the Order Form to which these terms and conditions are attached. This Agreement constitutes a minimum 1-year Agreement.
- This Agreement can be terminated at any time after the 1-year period by either Safety Track or Customer.
- The termination (the “Termination”) will commence upon the first of the follow month, once notification is rendered.
- DELIVERY AND RISK OF LOSS
Any shipping dates are approximate and are based upon prompt receipt of all necessary information. Safety Track will use reasonable efforts to meet the delivery dates requested by Customer; however, Safety Track will have no liability whatsoever for delays in delivery for any reason. Safety Track reserves the right, in its sole discretion, to allocate hardware product shipments among all of Customers of Safety Track. Hardware products held for Customer shall be at Customer’s risk and expense. Unless otherwise specified by Safety Track, delivery will be made F.O.B. point of shipment to Customer. Risk of loss passes to Customer upon delivery to the carrier.
- RETURN POLICY
Any hardware returned to Safety Track within 30 days of receipt will be accepted with a 20% restocking fee. Shipping and handling fees, activation fees and Service/Data Plan fees are not refundable. All returns must be accompanied by a Return Merchandise Authorization issued by Safety Track.
POLICY ON NON-REFUNDABLE ITEMS: There will be no refund for any Equipment that is purchased as used Equipment. All used Equipment is sold as is, and all sales of used Equipment are final. There will be no refund for any new or used Equipment purchased as part of an exchange involving a previously returned item.
- RELATIONSHIP WITH WIRELESS CARRIER
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SAFETY TRACK AND THE UNDERLYING CARRIER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR CUSTOMER FURTHER ACKNOWLEDGES THAT REPRESENTATIVES OF THE UNDERLYING WIRELESS SERVICE PROVIDER MAY HAVE MET WITH CUSTOMER INDIVIDUALLY OR TOGETHER WITH SAFETY TRACK TO DISCUSS AND REVIEW PRINTED MATERIALS THAT EXPLAINED THE UNDERLYING WIRELESS SERVICE PROVIDER’S UNDERSTANDING OF SAFETY TRACK’S SERVICES. CUSTOMER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO FULLY INVESTIGATE THE CAPABILITIES, QUALITY AND RELIABILITY OF THE SAFETY TRACK SERVICES AND HAS SATISFIED ITSELF THAT THE SERVICES SATISFACTORILY MEETS ITS BUSINESS NEEDS. CUSTOMER AGREES THAT THE UNDERLYING WIRELESS SERVICE PROVIDER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER ARISING FROM OR RELATED TO ANY MEETINGS, DISCUSSIONS OR EXPLANATIONS REGARDING THE SAFETY TRACK SERVICES AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS IT MAY HAVE AGAINST THE UNDERLYING WIRELESS SERVICE PROVIDER AND ITS AFFILIATES AND CONTRACTORS THEREFOR. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT, IF A CAMERA DEVICE IS NO LONGER ACTIVE, OR IF THE SERVICE HAS BEEN MODIFIED TO USE A DIFFERENT WIRELESS CARRIER, THEN, DURING THE TERM OF THIS AGREEMENT OR ANY TIME THEREAFTER, THE INITIAL UNDERLYING WIRELESS SERVICE PROVIDER MAY ACCESS SUCH CAMERA DEVICE USING OVER THE AIR PARAMETER ADMINISTRATION OR OTHER MEANS IN ORDER TO DOWNLOAD SOFTWARE OR OTHER INFORMATION INTENDED TO PREVENT SUCH CAMERA DEVICE FROM ATTEMPTING TO CONTACT SUCH CARRIER’S WIRELESS NETWORK.
- OTHER TERMS
- License; Restrictions. Safety Track hereby grants you, for use during the Term only, a non-exclusive, non-transferable (except as set forth herein) license to use any software, firmware or proprietary information integrated into or stored on the Equipment, Application or Services, solely in conjunction with the authorized use of Equipment installed on your or your independent contractors’ vehicles. You shall not attempt to reverse engineer or clone the Equipment or the Application or to replicate the Services, and Safety Track shall have the right to block your access to the Application and Services in the event your use interferes with the operation and utilization of the Services by any other party, provided Safety Track uses reasonable efforts under the circumstances to provide advance notice and opportunity to cure. Safety Track and/or its licensors expressly reserve and retain all right, title and interest in and to their respective proprietary information and materials, including but not limited to, all intellectual property rights not expressly granted hereunder.
- Exclusive Remedies; Limitation of Liability. Safety Track’s entire liability, and your sole and exclusive remedies, for any breach of the Camera Device Warranty or Service Warranty are set forth in Section 4 above. For all other claims, Safety Track’s total liability for any damages arising out of this Agreement shall be limited to direct damages proven in an amount not to exceed the amount you paid under this Agreement during the 12 month period immediately preceding the earliest date on which the claim arose. IN NO EVENT SHALL SAFETY TRACK OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA OR BUSINESS OPPORTUNITY OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT OR SERVICE PROVIDED UNDER THIS AGREEMENT, EVEN IF SAFETY TRACK OR SUCH AFFILIATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
- Disclaimer of Warranties. EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH IN SECTION 4 ABOVE, THE EQUIPMENT AND THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE “AS IS” AND THERE ARE NO OTHER WARRANTIES MADE BY SAFETY TRACK, EXPRESS, IMPLIED, OR ARISING OUT OF A COURSE OF DEALING, USAGE OR TRADE PRACTICE, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- You shall indemnify Safety Track, its successors and assigns and each of their prospective directors, officers, employees, and agents or persons and any loss or damage of any property or any interruption of Services which are cause or claimed to have been caused directly or indirectly form your (including your employees’ or independent contractors’) negligent or intentional misuse or installation of the Equipment, the Service or the Application.
- Choice of Law, Venue and Attorney’s Fees. This Agreement shall be governed by and construed under the laws of the State of Michigan without reference to its conflict of law’s provisions. All disputes arising under this Agreement will be heard only by a court of competent jurisdiction of such courts for the purpose of litigating such disputes. If either party commences an action arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party, reasonable attorney’s fees and costs of suit.
- Assign Ability. Neither this Agreement , nor any rights, duties nor interest herein shall be assigned, transferred, subcontracted or sublicensed by you without Safety Track’s prior written consent, not to be unreasonably withheld. Any such action without consent shall be void and shall constitute a material breach entitling Safety Track to terminate this Agreement. Notwithstanding the foregoing, Safety Track may condition its provision of Services to any transferee upon Safety Track’s approval of transferee’s creditworthiness, the payment by transferee of a re-licensing fee and/or required upgrades of the Camera Devices at transferee’s expense.
- Severability; Waiver. If any provision of this Agreement is determined to be unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired, and the parties shall substitute an enforceable provision for the affected provision which approximates the intent and economic effect of that affected provision as closely as possible. The waiver by any party of a breach of any of the provisions of this Agreement must be in writing to be effective and shall not operate as a waiver of any subsequent breach.
- The following provisions, as well as your obligation to pay any outstanding amounts due hereunder, shall survive an expiration or termination of this Agreement for any cause.
- Force Majeure. Except for the payment of money, neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by acts of nature, strikes, acts of terrorism, war, riot or other civil disturbances, compliance with governmental laws or orders (including the FCC), delay or performance failure of third parties, (including suppliers), or other events which are beyond the reasonable control of such party, provided that such party gives prompt written notice of such condition and resumes its performance as soon as reasonably possible.
- Export Compliance Assurance. You understand that Safety Track is subject to regulation by agencies of the United States government, which prohibits export or diversion of certain products to certain countries. You warrant that you will comply with Safety Track’s guidelines relating to export compliance and will not export any Equipment outside the United States, without prior approval of Safety Track.
- Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
- The parties agree that “including, but not limited to,” and “including, without limitation;”the words “you,” “your,” or “Customer” refer to the Customer shown on the Order Form to which these terms and conditions are attached; the words “we,” “us,” “our” or “Safety Track” refer to Safety Track. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. The captions and other headings contained in this Agreement are inserted for convenience of reference only and shall not affect the interpretation or meaning of this Agreement.
- This Hardware/Service Order Form shall be governed by the laws of the State of Michigan.
- The invalidity, in whole or in part, of any section or paragraph of this Hardware/Service Order Form shall not affect the validity of the remainder of such section or paragraph.
- The failure of either party to enforce at any time, any of the provisions of this Hardware/Service Order Form shall not constitute or be construed to be a waiver of such provisions or of the right of such party thereafter to enforce any such provisions.
- The terms and conditions of this Hardware/Service Order Form that by their sense and context are intended to survive the performance by Safety Track and/or Customer shall survive completion of performance by Safety Track and/or Customer shall survive completion of performance or termination of this Hardware/Service Order Form.
- Customer is solely responsible for complying with any orders, rules and regulations of the Federal Communications Commission, or any other Federal, State or local governmental authority, applicable to the purchase, installation and operation of the Products.
- The provisions of this Hardware/Service Order Form are for the benefit of the parties hereto and not for any other person. The delegation or assignment by Customer of any or all of its duties or rights hereunder without Safety Track’s prior written consent shall be void.
- Safety Track shall not be deemed in default hereof for delay, failure in performance or loss or damage due to any of the following force majeure conditions; fire, strike, embargo, explosion, power irregularities, earthquake, nuclear accident, volcanic action, flood, war, water, the elements, labor disputes, civil disturbances, government requirement, civil or military authority, acts of God or public enemy, inability to secure products or transportation facilities, acts or omissions of common carriers or other causes beyond their reasonable control whether or not similar to the foregoing.
- This Hardware/Service Order Form constitutes the entire understanding between Customer and Safety Track concerning the purchase of the Company’s products including the Safety Track Camera Device(s). Any prior or contemporaneous written or oral representation, promise, understanding, proposal, agreement, Hardware/Service Order Form, warranty, course of dealing or trade usage not expressly contained or referenced herein are superseded by the terms hereof and shall not be binding on Safety Track unless agreed to in writing by an authorized representative of Safety Track at Safety Track’s headquarters in Belleville, Michigan.
- Any modification or waiver of any provision of this Hardware/Service Order Form must be in writing and signed by authorized representatives of both parties.
- Safety Track does not assume and hereby expressly disclaims any obligations or liabilities in connection with the sale of products other than those expressly stated in this Hardware/Service Order Form, and does not authorize any person (including Safety Track’s representatives and authorized Distributors) to assume for Safety Track any other obligations or liabilities.
- This Hardware/Service Order Form shall be subject to acceptance by an officer of Safety Track, LLC.
By signing this Agreement: (a) you acknowledge that you have received, read, understand and agree to all of the terms and conditions hereof; (b) you agree that you cannot terminate or cancel, and upon acceptance of the Equipment you have an unconditional obligation to make all payments under, this Agreement, for the duration of the Initial Term and cannot withhold, set off or reduce such payments for any reason; (c) you agree that the Equipment will be used for business purposes only and not for personal, family or household purposes; (d) you confirm that the person signing this Agreement has the authority to do so on your behalf; and (e) you represent that the information in any credit application, statement, trade reference or financial report submitted to us is true and correct and you understand that any material misrepresentation constitutes a default under this Agreement.
THESE TERMS AND CONDITIONS, TOGETHER WITH THE ORDER FORM AND ANY EXHIBITS, ADDENDA OR AMENDMENTS THAT ARE AGREED TO IN WRITING BY BOTH PARTIES, CONSTITUTE A SINGLE AGREEMENT, AND THE PARTIES AGREE THAT THEIR ELECTRONIC OR WRITTEN SIGNATURES ON THESE TERMS AND CONDITIONS OR ON THE ORDER FORM OR BOTH SHALL EVIDENCE THEIR AGREEMENT TO BE BOUND HEREBY. THIS AGREEMENT IS SUBJECT TO CREDIT APPROVAL BY SAFETY TRACK AND IS NOT EFFECTIVE UNTIL SO APPROVED.