Welcome to Track (the "Site"). At the Site, we allow our
registered members ("Members") to use our services in accordance with the
terms of our Member Agreement. Visitors ("Visitors") are users who view
the Site but are not Members. All Members and Visitors agree to abide by
reserve the right to alter these Terms effective immediately upon posting
on the Site.
All contents of this Site are Copyright © 2017, Track. All
Scope of Use.Unless otherwise agreed upon,
this Site is for your personal and commercial use. If you download any
material, you must keep all copyright and other notices intact. You may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, or other content, software, products or services obtained
from this Site. In addition, the information contained herein may not be
taken out of context or presented in an unfair, misleading or
You are Solely Responsible for Conduct.You
agree that you are solely responsible for your actions and the content
of your transmissions through or posting on the Site.
No Illegal or Deceptive Acts. Members and Visitors
- to abide by all applicable local, state, national, and
international laws and regulations in your use of the Site;
- not to impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- to comply with all laws regarding the transmission of technical
data (including without limitation encryption) exported from the
United States through the Site;
- not to use the Site for illegal purposes;
- to comply with all regulations, policies and procedures of
networks connected to the Site; and
- not to use the Site to collect or harvest personal information,
including, without limitation, financial information, about other
Members or the Site.
Libelous or Scandalous Materials. Members and
- not to post, promote or transmit through the Site any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene,
hateful, racially, ethnically or otherwise objectionable material of
any kind or nature;
- not to transmit or post any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation;
- not to interfere with another Member's use and enjoyment of the
Site or another entity's use and enjoyment of similar Sites, or engage
in surveys, contests, chain letters or post or transmit "junk mail",
"spam", "chain letters", or unsolicited mass distribution of e-mail;
- that Track neither endorses the content of any Member
communications, postings or data nor assumes any responsibility for
any threatening, libelous, obscene, harassing or offensive material
contained in such materials, or any crime facilitated by use of this
System Integrity. Members and Visitors agree:
- not to upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer;
- not to interfere or disrupt networks connected to the Site;
- not to use any device, software or routine or attempt to interfere
with the proper functioning of the Track site or any transactions
being offered at this Web site;
- not to take any action that imposes an unreasonable or
disproportionately large load on Track's infrastructure; and
- not to disclose Member's Password to third parties or use Member's
Password for any unauthorized purpose.
Compliance with Digital Millennium Copyright
Act.In the event that Member posts or makes accessible
communications or other materials that infringe the copyrights of a
third party, Track may terminate Member's access to the Site in
accordance with Track's copyright infringement policy pursuant to
the Digital Millennium Copyright Act. Track maintains a special
e-mail address for notifications of claimed infringement concerning
materials. All correspondence should be addressed to Track's
"Designated Agent to Receive Notification of Claimed Infringement" at:
Track. Visitors may contact Track with complaints
regarding allegedly infringing posted material and Track will
investigate those complaints. If the posted material is believed in good
faith by Track to violate any applicable law, Track will
remove or disable access to any such material and Track will
notify the posting Member that the material has been blocked or removed
in accordance with its copyright infringement policy. Track may, at
its sole discretion, immediately terminate Member's access to the
Service should Member's conduct fail to conform with any provision of
No Warranty.The information and content found
on this Site is provided to Members and Visitors "AS IS" and you agree
to use it at your own risk. Track makes no guarantees,
representations or warranties of any kind, express or implied, arising
by law or otherwise, including but not limited to content, quality,
accuracy, completeness, effectiveness, reliability, fitness for a
particular purpose, usefulness, use or results to be obtained from this
information, or the information or server will be uninterrupted or
Disclaimer of Warranty.Track DISCLAIMS ANY
WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Some states do not allow certain warranty exclusions, so to such extent,
the above disclaimer may not be applicable to certain Members and
Disclaimer of Liability.Track SHALL NOT BE
LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF
THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY
LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE
USE OR POSESSION OF THE CONTENT OR INFORMATION FOUND ON THIS SITE; OR
FROM ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE. Some states do not
allow certain liability exclusions or damage limitations, so to such
extent, the above disclaimer may not be applicable to certain Members
If unsatisfied with service of Track, please write an email to Track and your request will be considered.
Track offers you a trial to help you understand how the product performs. Clients are encouraged to take a close look at all features presented prior to purchasing, in order to have a good idea about the product capabilities.
Complete online documentation is available on all our services, so that you can fully discover the features of the services before purchasing.
Once you have purchased the product a technical support team is available for you to resolve any issue.
As a result, there is no automatic refund process - each request will be examined and a decision will be made based on Track sales team judgement.
Double payments will be refunded after request to Sales.
Track is a registered trademark of Track
Track's trademarks may be used publicly with permission only
from Track. Fair use of Track's trademarks in advertising
and promotion of Track products requires proper
*All other brands and names are property of their respective
Single Copy License
The materials at
this Site are copyrighted, and any unauthorized use of any materials
at this Site may violate copyright, trademark, and other laws. You
may download one copy of the information or software ("Materials")
found on the Site on a single computer for your personal,
non-commercial internal use only. This is a license, not a transfer
of title, and is subject to the following restrictions: you may not:
(a) modify the Materials or use them for any commercial purpose, or
any public display, performance, sale or rental; (b) decompile,
reverse engineer, or disassemble software Materials, except and only
to the extent permitted by applicable law; (c) remove any copyright,
trademark, or other proprietary notices from the Materials.
Termination of this License
may terminate this license at any time if you are in breach of its
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Track OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS, EVEN IF Track HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Track and its suppliers further do not warrant the accuracy or
completeness of the information, text, graphics, links or other
items contained within the Materials. Track may make changes to
the Materials, or to the products described in those Materials, at
any time without notice. Track makes no commitment to update
Links to other websites
Links to third
party web sites on this site or in emails generated by this site are provided solely as a convenience to
you. If you use these links, you will leave this site. Track
has not reviewed all of these third party sites and does not control
and is not responsible for any such sites or their content.
Track does not endorse or make any representations about them,
or any information, software or other products or materials found
there, or any results that may be obtained from using them. If you
decide to access any of the third party sites linked to this site,
you do this entirely at your own risk.
Track may revise these notices at
any time by updating this posting.
The following terms and conditions (the "Agreement") shall govern your use of Track.comTM (the "Online Services") and the information and materials available thereon (the "Materials") as provided by Track:
of the processes, arrangements, user interfaces, transaction
sequences, site and system architectures, data arrangements, and
data processing algorithms, described or embodied in this site and
any affiliated or related sites, are covered by one or more of the
1 LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to you.
1.2 All rights, title and interest, including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms), belong to the provider of the Online Services or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
2 ACCESS TO SERVICES
2.1 You are the sole individual permitted to access and use the Online Services pursuant to this Subscription Agreement.
2.2 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3 SUBSCRIPTION TERM
3.1 The term of your subscription commences on the date on which you are first provided access to the Online Services and shall continue, unless sooner terminated, for the period set forth on the registration page (the "Subscription Period").
Free Subscription: Your free subscription shall automatically commence and shall continue until terminated by Track at any time for any reason. You acknowledge and agree that your access and use of the Online Services and Materials will be limited to the period set forth on the registration page. Track may optionally reduce or increase the trial period duration and/or message limit.
Premium Subscription: Unless you give written notice of cancellation to Track prior to the end of the Subscription Period, your paid subscription shall automatically commence and shall continue, unless sooner terminated, for a original subscription period of and Track shall automatically bill your credit card for your annual subscription fee for the Online Service and any applicable sales tax at the end of the Subscription Period. YOU MUST TERMINATE PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD TO AVOID CHARGES TO YOUR CREDIT CARD. Thereafter, unless you give written notice of your desire not to renew prior to the end of the then-current term, your subscription shall automatically renew for additional terms of period of original subscription and Track shall automatically bill your credit card for your annual subscription fee for the Online Service and any applicable sales tax.
4.1 All subscription fees, together with applicable taxes, are payable in advance in U.S. Dollars. As a subscriber to the Online Services, you agree that we are permitted to charge your credit card for your applicable subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the Online Services. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you terminate your subscription as provided herein.
4.2 Your subscription for the Online Services will be automatically renewed on a semi-annual or annual basis, as applicable. For your convenience, Track will charge your applicable subscription fee to the credit card you provide during registration. Your subscription will automatically renew for successive semi-annual or annual subscriptions, as applicable, without prior notice to you, unless and until your subscription is terminated. You must terminate your subscription before it renews in order to avoid billing of subscription fees to your credit card. 4.3 All charges to you are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to you.
4.4 Track does not guarantee that the Online Services and Materials will operate continuously or be error-free. You hereby acknowledge and agree that all sales and charges are final and shall not be subject to refund, dispute or chargeback for any reason.
5 LIMITED WARRANTY
5.1 Track represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to this Agreement.
5.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND Track AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES IN AND TO THE ONLINE SERVICES AND MATERIALS. Track AND EACH THIRD PARTY SUPPLIER OF MATERIALS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS AVAILABLE THROUGH THE ONLINE SERVICES, OR THE ONLINE SERVICE ITSELF. IN NO EVENT WILL Track OR THIRD PARTY SUPPLIERS OF MATERIALS, OR THEIR RESPECTIVE AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE MATERIALS, OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6 LIMITATION OF LIABILITY
6.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from: (a) any errors in or omissions from the Online Services or any Materials available or not included therein; (b) the unavailability or interruption of the Online Services or any features thereof or any Materials; (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services); (d) your use of any equipment in connection with the Online Services; (e) the content of Materials; or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
6.2 "Covered Party" means: (a) Track, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof; and (b) each third party vendor, service provider and supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof.
6.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT YOU PAID TO Track FOR YOUR USE OF THE ONLINE SERVICES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
7.1 All electronic mail messages sent using the Online Services are confidential in accordance with generally accepted standards of electronic mail usage.
7.2 From time to time, Track may use your personal information for internal promotional purposes, and to inform you of updates and changes about Track services.
7.3 By signing up for a free trial to the Online Services, you acknowledge that the Online Services will be advertising supported.
7.4 If you are a paying user of the Online Services, you will not receive third party offers.
8.1 This Agreement may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed upon 30 days' prior notice to you; all other provisions may be changed by Track immediately upon notice. Your subscription for access to the Online Services may be terminated at any time upon notice to Track if any change is unacceptable. Continued use of the Online Services following any change constitutes your acceptance of the change.
8.2 In the event you breach any of your obligations (including making payment in full when due): (a) Track may suspend, discontinue or terminate the subscription for access to the Online Services; and (b) Track may pursue any other remedy legally available to it. For purposes of the foregoing, the effective date of termination shall be the date of an appropriate notice of termination, unless a later date is specified in the notice.
8.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing, sent via electronic mail from Track to you or displayed electronically in the Online Services by Track.
8.4 The failure of Track or any third party vendor, service provider or supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.