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BY ACCESSING OR USING ANY PART OF THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. ACCORDINGLY, TRACKING.NET RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS AGREEMENT THAT MAY BE POSTED ON THE SITE.
a. Eligibility. Except as expressly provided below, certain services may only be used by, and registered user status is limited to, individuals who can form legally binding contracts under applicable law (“Registered Users”). Without limitation, minors are prohibited from becoming Registered Users. References in this Agreement to “users” include Registered Users, but Registered Users does not include unregistered users.
b. User Registration. To become a Registered User, you must create an account with Tracking.net through the online registration process on the Site. In creating an account, you must provide Tracking.net with accurate and complete registration information, as prompted in the registration form. You must promptly notify Tracking.net if any of this information changes. If you fail to provide or update this information, Tracking.net may terminate your right to use the Site.
c. Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all uses of your password and account, including, without limitation, any use by any unauthorized third parties. You must notify Tracking.net immediately if you believe your password or account has been obtained, or may be accessed or used by, any unauthorized person or entity.
d. Scope of Usage Rights. The right to use the Site does not include the software, products, and services licensed by Tracking.net to its customers for a fee.
e. Termination / Cancellation. Tracking.net reserves the right to cancel or delete any account, for the violation of these Terms or payment negligence. If you wish to cancel your account, you must notify Tracking.net by email to email@example.com. Upon termination / cancellation you will no longer have access to your account and any information associated with your account.
In, or as a result of, your use of the Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or violate any law or administrative rule; (ii) disrupt or interfere with the security or use of the Site or any Sites linked to the Site; (iii) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Tracking.net, federal, state, or municipal government, or a political candidate; or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from the access granted to you; (vi) engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or other information relating to the Site; (viii) use any meta tags or any other hidden text utilizing Tracking.net’s name, trademarks, or product names in any manner and in any place; (ix) advertise, offer to sell, or sell any goods or services; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
Registered Users may download or copy content or information displayed on the Site for personal use only, provided that all copyright and other notices contained therein are maintained. Copying or storing of any content or information from the Site for other than personal use is expressly prohibited without prior written permission from Tracking.net.
a.Copyright. All materials on the Site, including without limitation, the Tracking.net logo, design, text, graphics, information, data, images, audio, video, metadata, compilations, graphical user interfaces, other files, and the selection, arrangement and organization thereof are either owned by Tracking.net or are the property of Tracking.net’s suppliers or licensors. You may not use such materials without permission. Copyright © 2009 Tracking.net, Inc. ALL RIGHTS RESERVED.
b. Trademarks. Tracking.net and the Tracking.net logo are trademarks owned by Tracking.net. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Tracking.net. Any use by you of such trademarks and trade dress is for the sole benefit of Tracking.net and all goodwill generated by such use will inure to Tracking.net. If you refer to Tracking.net’s trademarks or logos, you must include appropriate attribution to Tracking.net. All other trademarks, trade names and the like that appear on the Site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
By transmitting any content to the Site, you hereby grant Tracking.net a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content, and extracts thereof, in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.
You may create a plain text hyperlink to Tracking.net’s Site provided that you first obtain Tracking.net’s express written consent. Tracking.net may revoke this permission at any time for any reason upon notice to you. You may not “frame,” inline link, or similarly display any Tracking.net content or property, including, without limitation, the Site. You may not use any Tracking.net logo or other of its trademarks as part of the link without express written permission.
You agree to hold Tracking.net and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or (ii) arising from, related to, or connected with your use of the Site. If you are obligated to provide indemnification pursuant to this provision, Tracking.net may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of Tracking.net.
a.DISCLAIMER OF WARRANTIES. TRACKING.NET PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRACKING.NET DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. TRACKING.NET MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
b. THIRD PARTY SERVICES. THE THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT TRACKING.NET PROVIDES ON OR MAKES AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISEMENTS, ARE NOT CONTROLLED BY TRACKING.NET. ACCORDINGLY, TRACKING.NET MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD- PARTY SERVICES, RESOURCES, OR INFORMATION.
c.EXCLUSION OF DAMAGES. TRACKING.NET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, OR ANY INTANGIBLE DAMAGES) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d.LIMITATION OF LIABILITY. IN NO EVENT WILL TRACKING.NET’S LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SITE EXCEED THE AMOUNT OF ANY FEES PAID BY YOU TO TRACKING.NET FOR THE SERVICE.
Tracking.net will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Tracking.net to perform, fire, terrorism, natural disaster or war.
Tracking.net may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site, temporarily or permanently, at any time without notice to you, and Tracking.net will not be liable for doing so. Tracking.net will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Site, with or without cause. You may terminate your account for any reason at any time by providing notice to Tracking.net as provided in Section 1(e) above.
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to Tracking.net, you must use the following address: Tracking.net, 530 Lytton Ave., 2nd Floor, Palo Alto, CA 94301. If Tracking.net provides notice to you, Tracking.net will use the contact information provided by you to Tracking.net. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
This Agreement will be binding upon each party hereto and their successors and permitted assigns, and governed by and construed in accordance with the laws of California without reference to the conflict of law principles thereof. We both agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal courts located in the County of Santa Clara. This choice of venue is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section. We both waive any right either of us may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this Section. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Tracking.net. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. No agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will no any other provision of this Agreement, all of which will remain in full force and effect.