Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) Country refers to: United States.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Trackaris, accessible from http://www.trackaris.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account with trackaris.com (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
b) In connection with Your creation of an Account, We will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
c) If You believe that a third-party has gained access to Your Account, You agree to notify Trackaris by sending an email. Trackaris reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Trackaris has no obligation to retain any data associated with Your Account.
d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
e) To cancel Your Account at any time for any reason, You may do so through the Account page at https://www.trackaris.com
Trackaris may provide You with the opportunity to try out a specific product or a Trackaris Membership Plan on a paid trial basis. The terms of any such trial shall be fully disclosed prior to purchase. You are responsible for reviewing such terms prior to accepting any trial. The length of a trial may vary and You agree that if Your trial remains uncancelled (by You) after expiration, then the trial shall convert to an ongoing subscription in accordance with the terms of that particular trial offer. If you wish to cancel your trial before it converts to an ongoing subscription, then you may do so online, from your account or by contacting our Customer Care department at 1- 615-622-6558. Our Customer Care department is available 5 days a week to assist you (excluding Trackaris-observed holidays). If You cancel any trial product prior to the end of the trial period, You forfeit the remainder of the trial.
Premium Content Services (including Single Report purchases and Trackaris Membership Plans).
a) Some of Trackaris’s data and tools are only available to purchasers of premium content. Trackaris offers a variety of content purchase options, including Single Report purchases and Trackaris Membership Plans. Details about the specific premium content offering and payment terms are provided at sign up. By purchasing premium content, You agree to receive the services offered at sign up, subject to the billing terms provided at sign up. Unused searches do not rollover from one billing period to the next.
b) All sales of all Trackaris premium content are final. All Trackaris Membership Plans are prepaid for the stated payment period (monthly) and are non-refundable.
c) You may cancel Your Trackaris Membership Plan at any time and for any reason. If You have paid using a Paypal account, additional instructions for cancellation are provided on the “Usage & Subscriptions” page. Once Your Trackaris Membership Plan has been canceled, You will receive a cancellation confirmation from Trackaris or Paypal directly, and You will not be billed again. When You cancel Your Plan, any processed payment will not be refunded or prorated for partial-month usage. You will continue to enjoy all premium content and benefits until the end of the current payment period. If You encounter any problem during the cancellation process, please contact Customer Care.
d) Unless otherwise indicated in Your Plan details, Trackaris will automatically renew Your Membership Plan at the same payment period and term, and charge Your credit card or Paypal account at the beginning of each payment period. Your Trackaris Membership Plan will remain open and active until Your account is canceled, suspended, or terminated.
a) To purchase a single report, sign up for Trackaris Membership, or take advantage of a paid trial, You must enter valid information for a payment option, such as a credit card or Paypal account. By providing such payment information, You certify that You are an authorized user of that credit card or account.
b) Trackaris does not store or process Your full credit card information. Instead, we employ independent and reputable third-party payment processors to store and process this information. We may update Your payment method with information provided by the applicable payment processor. Meanwhile, You authorize Trackaris to continue to charge the updated payment method.
Refunds and Chargebacks
Refunds. By accepting these terms of service, you agree to submit any and all refunds and adjustments for returns of your products and services through the Service to the Cardholder's card in accordance with the terms of this Agreement and Payment Network Rules. Payment Network Rules require that you will (i) maintain a fair return, cancellation or adjustment policy; (ii) disclose your return or cancellation policy to customers at the time of purchase, (iii) not give cash refunds to a customer in connection with a Card sale, unless required by law, and (iv) not accept cash or any other item of value for preparing a Card sale refund.
Full refunds must be for the exact dollar amount of the original transaction including tax, handling charges, and other charges. The refund amount may not exceed the original sale amount.
Chargebacks. A Chargeback is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed Chargebacks for: (i) customer disputes, (ii) unauthorized or improperly authorized transactions, or (iii) transactions that do not comply with Payment Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious, or (iv) any reversals for any reason by the Network, our processor or acquiring bank, or the Cardholder's card issuing financial institution.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- - In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- - To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- - To impersonate or attempt to impersonate our company, any employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- - To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm our company or users of the Website or expose them to liability.
Additionally, you agree not to:
- - Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- - Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- - Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- - Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- - Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- - Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- - To conduct an unreasonable number of searches.
- - Otherwise attempt to interfere with the proper working of the Website.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to
any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us.