Trackster reserves the right at any time and from time to time to modify or discontinue the Site or any portion thereof with or without notice. You agree that Trackster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any of its parts.
To use the services available on the Site, you must complete the membership registration and subscription form. You agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Site's registration form ("User Data"); and,
Maintain and promptly update the User Data to keep it accurate and current;
You agree Trackster may use your User Data to provide services on the Site for which you have expressed interest.
If you provide any information that is inaccurate or not current, or Trackster has reasonable grounds to suspect that such information is inaccurate or not current, Trackster has the right to suspend or terminate your account and refuse any and all current or future use of the Site;
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
If you become a member of Trackster, and place a request for a service, you will be required to use a PayPal account to pay for services. You may be in the future be prompted to select a payment method and you will need to designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Trackster "Payment Method"). You may switch to a different Payment Method or update your information by visiting the "Account Profile" page or by contacting us by email at email@example.com. Upon placing an Order, you will immediately be charged after you click "Submit" on the confirmation page. You agree to pay all fees and other charges incurred in connection with goods or services purchased from Trackster.
You authorize Trackster to charge your Payment Method for the appropriate charges and fees related to any purchases that you make on the Site. Trackster reserves the right to change transactional fees at any time upon reasonable notice posted in advance on this Site, however additional charge representing an increase of fee for service will be charged after an order has been placed and paid for.
You may cancel your membership by visiting the "Account" page and selecting "Cancel Membership" or by contacting us by email at firstname.lastname@example.org. The cancellation of a membership will go into effect immediately. No refunds or credits will be provided by Trackster upon cancellation of your account.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password. You accept responsibility for all activities that occur under your account or from your computer using your account. We undertake to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Trackster of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Trackster.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site.
Trackster does not control or monitor the Content posted to the Site by others, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Trackster be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You specifically agree to not use the Site to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a Trackster official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.
You acknowledge that Trackster may or may not pre-screen or monitor Content, but that Trackster and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, Trackster and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable in nature. You agree that you bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Trackster may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
Comply with legal process;
Enforce the Terms;
Respond to claims that any Content violates the rights of third parties;
Respond to your requests for customer service; or, protect the rights, property or personal safety of Trackster, its users and the public. Subject to the foregoing, Trackster will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site. While Trackster may recommend the use of equipment or materials of certain third party suppliers in the use and operation of the services and products available at its website, Trackster shall in no way warranty any third party products, goods or services recommended for acquisition and does not guarantee that third party products, goods or services will function with the Site or will be error-free.
Trackster does not claim ownership of Content you may submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site (other than User Data or Payment Method information)
Trackster may offer you the option of making certain Content that you submit to the Site as private or available only to select users of the Site
Trackster, may, if specifically requested, procure and confirm copyright protection, for a fee.
If, upon submission of Content to the Site, you elect to mark such Content as shared or available for a limited group of users, or request procurement of copyright protection, Trackster will maintain the privacy of such Content in accordance with your election.
If you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Trackster cannot and does not guarantee the privacy of such Content, and you specifically agree that we cannot be held liable for damages, losses, or injury resulting from the same, and further indemnify and hold harmless Trackster from the same.
Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Trackster. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, Trackster is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site.
YOU AGREE THAT TRACKSTER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.
The Site may provide, or third parties may provide, links to other Internet sites or resources. Because Trackster has no control over such sites and resources, you acknowledge and agree that Trackster is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Trackster or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Trackster’s site connects members in a virtual information place. As a neutral facilitator, Trackster is not directly involved in the actual transactions between members of the Site. As a result, Trackster has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. Trackster shall have no responsibility to confirm the identity of members. Trackster shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. You shall at all time exercise common sense and good judgment when dealing with any user of the Site.
The Site may provide you with the ability to send internal e-mails, post messages to user forums, send and receive notifications, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or Trackster.
You agree to use communication methods available on the Site only to send communications and materials related to the subject matter for which Trackster provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Site, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Trackster (unless expressly stated otherwise by Trackster) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Trackster in any manner, though Trackster reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Trackster or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.
Trackster grants you a personal, non-transferable and non-exclusive right and license to access and use the Site, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site.
You agree not to access the Site by any means other than through the interface that is provided by Trackster for use in accessing the Site.
The term TRACKSTER, the Trackster logo and other Trackster logos and product and service names are the exclusive trademarks of, and are owned by, Trackster, Inc., and you may not use or display such trademarks in any manner without Trackster's prior written permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners. Trackster reserves all rights not expressly granted hereunder.
If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below.
It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that:
any Content displayed on the Site infringes your copyright,
any link posted on the Site links to materials that infringe your copyright.
As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity).
Your notice must be in writing and must include the following:
A description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
Description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site;
Enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law;
A statement that all of the information you have provided is accurate; and, a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner;
Your notice must be signed (physically or electronically) and must be addressed as follows: Copyright Agent c/o Trackster, Inc. 76 N Algoma Street. Thunder Bay, Ontario L6H5B8 E-mail: email@example.com
We encourage, welcome, invite and expect your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site.
In the event that you provide Feedback, you hereby grant to Trackster a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. We, therefore, ask that you not send Trackster any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. TRACKSTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TRACKSTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE TRACKSTER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, DAMAGES, OR LOSSES ASSOCIATED WITH ACTIVITIES UNDERTAKEN FOR AT OR THROUGH THE TRACKSTER WEBSITE OR SERVICES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY TRACKSTER (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRACKSTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.
You agree to indemnify and hold Trackster and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, the Content you post or seek to post on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that Trackster may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include:
Removal of access to all offerings within the Site
Deletion of your information, files and Content associated with or inside your account.
A prohibition from further use of the Site.
You agree that all terminations for cause shall be made in Trackster's sole discretion and that Trackster shall not be liable to you or any third party for any termination of your account or access to the Site.
This Site is controlled by Trackster from its offices within Canada. Trackster makes no representation that the Content in the Site or the Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable local laws.
You may not use or export the Content in violation of Canadian export laws and regulations. Any action related to the Site, the Content, or the Terms, shall be governed by Ontario law and controlling Canadian federal law without regard to conflicts of laws thereof.
You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in the province of Ontario, for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may judge to be reasonable legal fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Trackster as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and Trackster with respect to your use of the Site. The failure of Trackster to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Trackster. Trackster has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Site. Trackster's notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
We will provide support to you related to the Site via the following methods:
We will endeavour to answer questions and/or respond to support requests within two business days.
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org. 2017 Trackster, Inc