TRACKD WEBSITE TERMS

Last Updated: August 10, 2022

 

1. LEGAL TERMS / ELIGIBILITY

These trackd Website Terms (“Site Terms”) form a contract between you (“You” or “Your”) and trackd, inc. and its affiliates (collectively, “trackd”, “We”, “Us” or “Our”). Please read these Site Terms carefully.

By accessing or otherwise using this website and any associated features, functionalities, and Content (as defined below) (collectively, the “Site”), You accept these Site Terms and confirm that You have the legal authority to enter into these Site Terms. To the extent that You use any trackd services, products or materials provided or linked to the Site, You will also be subject to additional trackd service agreements, which will govern Your use of such services.

These Site Terms incorporate by reference Our privacy policy (available at trackd.com/privacy) (“Privacy Policy”). Please review Our Privacy Policy governs Your use of the Site and discloses how We collect, use, and share information about You.

2. ACCESS TO AND USE OF THE SITE

The Site may contain a variety of

(a) materials and other items relating to Us and Our products and services, and similar items from Our licensors and other third parties, including the look and feel of the Site, and any buttons, text, icons, images, video clips, audio clips, sounds, pictures, advertising copy and interactive features; (b) trademarks (including but not limited to “trackd”), logos, trade names, trade dress, service marks, and trade identities of various parties, including Us (collectively, “Marks”); and (c) other forms of intellectual property (all of the foregoing, collectively, “Content”).

The Site (and Content contained therein) is licensed, not sold, to You by Us. Subject to Your strict compliance with these Site Terms, We hereby grant to You a limited license to access and
view, download (in temporary storage only), and display the Site on supported devices for Your personal use (the “Limited License”). The Limited License will remain in effect until and unless We or You terminate the license.

The Site is available for informational purposes only. The availability of and Your access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by Us or any of Our respective affiliates. You will use the Site in an unmodified form and as provided by Us and will not distribute, re-brand, co-brand, or otherwise modify the Site, including but not limited to by removing, altering, or adding any text, graphics, warranty statements, logos or other Content contained therein.

3. INTELLECTUAL PROPERTY OWNERSHIP

All right, title, and interest in and to the Site (and all Content contained therein) is the property of Us, Our licensors or certain third parties, all of which is protected by U.S. and international intellectual property laws. Except as explicitly stated in these Site Terms, We, Our licensors and such other third parties reserve all rights in and to the Site.

You will not use the Marks for any purpose. You will not take any action in derogation of Our rights in the Marks, including but not limited to using any Mark in a confusing or disparaging manner or applying to register any trademark, trade name, service mark, or other designation that is confusingly similar to any Mark.

 

4. INFORMATION SUBMITTED BY YOU

You should not submit any confidential or proprietary information via the Site. If You choose to submit information or material to Us through the Site, You grant Us an unrestricted, irrevocable, perpetual, fully transferrable, fully sublicenseable, royalty-free and fully paid up license to use, reproduce, display, perform, modify, transmit, creative derivate works of and distribute such materials or information. You also agree that We are free to use such information or material that You submit to Us through the Site for Our business purposes. We will not be subject to any obligations of confidentiality regarding submitted information or materials, except as agreed by Us or as otherwise specifically agreed or required by law.

You can find more information about how We use and store Content and about the collection and use of personal information by reviewing Our Privacy Policy, available at trackd.com/privacy

When You visit the Site or send e-mails to Us, You are communicating with Us electronically and You consent to receive communications from Us electronically. We will communicate with You by e-mail and You consent that all agreements, notices, disclosures and other communications that We provide to You in e-mail form satisfy any legal requirement that such communications be in writing.

5. THIRD-PARTY MATERIALS

The Site may display, include, or make available Content, data, information, applications, plugins, products, services, listings, resources, platforms, functionality, or materials from third parties or provide links to certain third-party websites, webpages, platforms, or applications (collectively, “Third-Party Materials”). Any activities in which You engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use, service, and/or sale, and rules issued by the provider of such Third-Party Materials. Third-Party Materials are provided solely as a convenience to You and should not be interpreted as approval by Us of those Third-Party Materials. We have no control over the contents of Third-Party Materials.

The Third-Party Materials may contain information about Us and/or Our products and services that have not been approved and/or endorsed by Us. We are not responsible for the contents of or the consequences of accessing any such Third-Party Materials and do not assume any responsibility for the accuracy or appropriateness of the information contained therein. We encourage You to review the legal agreements of all other sites that You visit.

6. SOCIAL MEDIA

The Content on Our social media channels, including but not limited to, Twitter, Instagram, LinkedIn, YouTube and Facebook, is provided “As-Is” and for informational purposes only. We do not warrant the accuracy, completeness or usefulness of any information available on Our social media channels. We do not control and are not responsible for any third-party content on such channels or on other third-party sites that may be linked to such channels. Such third-party content or sites should not be presumed to reflect Our views. We are not responsible for Your use of such channels or such third-party content or sites, or for any third party’s policies or practices regarding security, privacy, use or other matters.

7. RESTRICTIONS

Unless and except as otherwise expressly permitted by these Site Terms, You may not (a) access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract, or otherwise use any Content or other technology, services, information or material obtained from or through this Site; (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any of Our servers, by hacking, password “mining,” or any other illegitimate or prohibited means; (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach or circumvent the security or authentication measures on the Site or any network connected to the Site; (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks or any systems or networks connected to the Site; (f) use any device, software, or routine to disrupt, impair, or interfere with the operation or integrity of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to Us on or through the Site; (h) collect any information about other users of the Site; (i) use the Site in an unlawful manner or for any purpose that is prohibited by these Site Terms or applicable law; or (j) knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Any unauthorized use of this Site or the Content on the Site is strictly prohibited and will immediately and automatically terminate the permissions granted herein and may violate applicable laws, including but not limited to copyright laws, trademark laws, and commercial regulations and statutes.

You may link to the home page of the Site, provided that You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not frame or establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not frame or establish a link to the Site in any website that is not owned by You. We reserve the right to withdraw linking permission without notice.

8. DISCLAIMER OF WARRANTIES

YOUR ACCESS TO AND USE OF THE SITE AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SITE ARE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AND PRODUCTS OR SERVICES AVAILABLE THROUGH OR ON THE SITE ARE OR WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES OR EMPLOYEES, OR ANY AGENT, LICENSOR OR THIRD PARTY VENDOR, BE LIABLE OR HAVE ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST PROFITS ARISING OUT OF, RELATED TO, OR IN ANY WAY IN CONNECTION WITH YOUR (1) ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR RELIANCE ON THE CONTENT, (2) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH THE SITE, OR (3) ANY LOSSES YOU MAY SUSTAIN FROM INTERACTING WITH A LINKED THIRD-PARTY SITE OR WITH THIRD-PARTY MATERIALS, IN EACH CASE, REGARDLESS OF OUR KNOWLEDGE THEREOF.

10. INDEMNITY

You agree to indemnify, defend (at Our sole option), and hold Us and Our subsidiaries, affiliates, officers, agents, employees, licensors and third-party vendors harmless from any third party claims, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of, related to, or in connection with Your use of the Site (and all Content contained therein), Your violation of these Site Terms, or Your violation of any rights of a third party.

If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

11. CHANGES TO THE SITE OR THESE SITE TERMS

We may change, modify, add, or remove portions to the Site, the Content or these Site Terms at any time. Your continued use of the Site following such modifications will be conclusively deemed acceptance of any changes to these Site Terms. We recommend that You check this Site often for such changes and modifications. Except for changes by Us as described here, no other amendment or modification of these Site Terms will be effective unless in writing and signed by both You and Us. If We make a change to Our Privacy Policy, We will follow the process described in Our Privacy Policy. If You have any questions or comments about these Site Terms or the Site, please contact Us by email at [email protected].

12. NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT (DMCA)

If You believe, in good faith, that any materials on the Site infringe upon Your copyrights, You may file a DMCA Notice of Claimed Copyright Infringement according to the process set out in the Digital Millennium Copyright Act (DMCA) and other applicable law with Our designated copyright agent. Please contact Us at [email protected] including the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of Your copyrighted work or other intellectual property that You claim has been infringed;
• A description of where the material You claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

13. GOVERNING LAW; DISPUTE RESOLUTION

These Site Terms and Your access to and use of the Site will be governed by and construed and enforced exclusively in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law rules or principles (whether of Virginia or any other jurisdiction). The Uniform Computer Information Transactions Act, as enacted in Virginia or any version thereof, adopted by any state in any form (“UCITA”), shall not apply to this agreement and, to the extent that UCITA is applicable, the parties agree to opt-out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.

Any dispute under these Site Terms must be adjudicated exclusively in the state or federal courts with jurisdiction over the Commonwealth of Virginia, respectively, sitting in Alexandria, Virginia.

14. MISCELLANEOUS

If any term of these Site Terms is found by any court to be void or otherwise unenforceable, the remainder of these Site Terms will remain valid and enforceable as though such term were absent upon the date of the execution of these Site Terms. Any failure by You or Us to enforce any provision of these Site Terms will not constitute a waiver of such provision or of any other provision of these Site Terms. Except as otherwise expressly provided in these Site Terms, there will be no third-party beneficiaries to The Site Terms. These Site Terms and Our Privacy Policy constitute the entire agreement between You and Us and govern Your use of the Site, superseding any prior agreements between You and Us. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Site Terms or Your access to and use of the Site. Your rights and duties under these Site Terms are not assignable by You without Our written consent and any prohibited assignment is null and void. These Site Terms will inure to 8 the benefit of, and are intended to be enforceable by, the parties hereto and their respective successors and permitted assigns. Any provision of these Site Terms that imposes or contemplates continuing obligations on You or Us will survive the expiration or termination of these Site Terms.