Effective Date: November 14, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between Tracker LLC ("we," "our," or "us") and the user ("you" or "user") governing the use of our software services (the "Service"). By accessing or using our Service, you acknowledge and agree to these Terms. If you do not agree with any of these Terms, you must cease use of the Service immediately.
By accessing, registering, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. Tracker LLC reserves the right to modify these Terms at any time, with or without notice. Continued use of the Service following any modifications constitutes acceptance of those changes. Users are advised to review these Terms periodically to remain informed of any updates or modifications.
You must register an account with Tracker LLC to access the Service. You represent and warrant that all information provided during registration is accurate and complete. There are no minimum age requirements to use the Service; however, by creating an account, you acknowledge and confirm that all information provided is truthful, accurate, and complete to the best of your knowledge and complies with applicable laws and regulations.
Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. Tracker LLC disclaims any liability for actions taken in connection with unauthorized access to an account. You agree to notify Tracker LLC immediately of any unauthorized use of your account or any other breach of security.
Tracker LLC grants users a limited, non-exclusive, non-transferable, and revocable right to access and use the Service solely for lawful purposes. Users agree not to engage in any unlawful activity or upload any content deemed illicit, defamatory, harassing, or otherwise prohibited by law or these Terms. Furthermore, users shall not:
All intellectual property rights in the Service, including but not limited to the software, trademarks, logos, and content provided by Tracker LLC, are and remain the exclusive property of Tracker LLC. Content uploaded or shared by users within the Service remains the property of the respective users. By uploading content, you grant Tracker LLC a worldwide, non-exclusive, royalty-free license to use, display, and reproduce this content to facilitate the operation and functionality of the Service. This license is revocable upon removal of the content from the Service.
Tracker LLC collects user data, including but not limited to name and email address, solely for account creation and Service management purposes. Tracker LLC does not sell, lease, or share your personal information with third parties. For more information on data handling, please refer to our Privacy Policy.
Tracker LLC reserves the right to modify, suspend, or discontinue the Service or any aspect of it, temporarily or permanently, with or without notice. Tracker LLC may also revise these Terms at any time, and users are responsible for periodically reviewing these Terms for any changes. Tracker LLC assumes no liability for any modifications, suspension, or discontinuation of the Service or for failure to notify users of changes to these Terms.
Tracker LLC, at its sole discretion, may suspend or terminate user access to the Service at any time, with or without cause, including but not limited to cases where users are found to have violated these Terms or engaged in prohibited activities. Termination of your account does not preclude Tracker LLC from seeking other remedies available at law or in equity.
TRACKER LLC PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACKER LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRACKER LLC DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. USERS ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACKER LLC, ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF TRACKER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRACKER LLC'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE EXCEED THE AMOUNT YOU PAID TO TRACKER LLC, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICE.
You agree to indemnify, defend, and hold harmless Tracker LLC, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, violation of these Terms, or infringement of any third-party rights.
These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the State of Oregon, United States, and users irrevocably consent to the jurisdiction of such courts.
These Terms, along with the Privacy Policy and any other policies or notices provided by Tracker LLC, constitute the entire agreement between you and Tracker LLC regarding the use of the Service and supersede all prior agreements, discussions, or understandings, whether written or oral, concerning the subject matter herein.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
If you have questions or concerns regarding these Terms or the Service, please contact Tracker LLC at support@jointracker.com