TrackTool™ – TOS (Terms of Service)

TrackTool™ Terms of Service

Thanks for using TrackTool™! Our mission is to create an easier and more productive way of working by providing an intuitive, unified platform to keep your information safe and accessible while helping you and those you work with stay coordinated and in sync as well as be more profitable. These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms and our Privacy Policy.

Your Materials & Your Permissions

When you use our Services, you provide us with things like your paperwork, information, correspondence, contacts, profit analysis and so on ("Your Materials"). Your Materials are yours. These Terms don’t give us any rights to Your Materials except for the limited rights that enable us to offer the Services.

We host Your Materials. Our Services also provides you with features like Lead Entry, Work Info, Previous Info, Liens, Relations, Profit Analysis, Correspondence, Paperwork and File Docs to help reduce busywork. To provide these and other features, TrackTool™ accesses and stores, Your Materials. You give us permission to do those things, and this permission extends to our affiliates and/or trusted third parties we work with.

Your Responsibilities

Help us keep Your Materials protected. Safeguard your password to the Services and keep your account information current. Don't share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years lod if you reside in the United States, and 16 years old if you reside anywhere else. If the law where you reside requires that you must be older in order for TrackTool™ to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Beta Services

We sometimes release products and features that we're still testing and evaluating ("Beta Services"). Beta Services are labeled "beta," "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) and may not be as reliable as TrackTool's™ other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Additional Features

From time to time, TrackTool™ will add additional features to enhance the user experience of our service and most of them are at no additional charge. However, these free features may be withdrawn without further notice.

Our Materials

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title, or interest in the Services, others' content in the Services, TrackTool™ trademarks, logos, and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Bases for Processing your Data:

We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we ask for your consent in advance or require that our partners obtain such consent.

With Whom

We may share information as discussed below, but we won't sell it to advertisers or other third parties.

Others Working for and with TrackTool™:

TrackTool™ uses certain trusted third parties (for example, providers of customer support and IT services) for the business purposes of helping us provide, improve, protect, and promote our Services. These third parties will access your information to perform tasks on our behalf, and we’ll remain responsible for their handling of your information per our instructions.

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Cancellation. You may cancel your TrackTool™ Paid Account at any time. Refunds are only issued if required by law.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you have an annual Paid Plan, you may down grade your account to a Monthly Paid Plan, however, your account will be prorated at the monthly amount. If you don't pay for your Paid Account on time, we reserve the right to suspend it or delete your Paid Account.

Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

Termination

You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

you're in breach of these Terms
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don't have a Paid Account

Since we have a Free Trial and you use it and don't get our service, we are under no obligation to allow you to continue and the information that you have put into the system will be deleted.

Should you use the system, we'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Materials from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services

We won't provide notice or an opportunity to export Your Materials before termination or suspension of access to the Services where:

you're in material breach of these Terms,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we're prohibited from doing so by law

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond TrackTool's™ control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Materials from our systems (we will give you no less than 30 days' notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACKTOOL™ AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR TRACKTOOL'S™ OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE TRACKTOOL'S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, TRACKTOOL, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT TRACKTOOL™ OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, TRACKTOOL™, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. TRACKTOOL™ AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH TRACKTOOL™. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Resolving Disputes

Let's Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against TrackTool™, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at info@tracktool.us that includes your name, a detailed description of the dispute, and the relief you seek. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or TrackTool™ may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

Judicial Forum for Disputes. You and TrackTool agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Union County, North Carolina, subject to the mandatory arbitration provisions below. Both you and TrackTool™ consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and TrackTool agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the "Exceptions to Agreement to Arbitrate" below. This includes disputes arising out of or relating to the interpretation or application of this "Mandatory Arbitration Provisions" section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, Monroe, NC, or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. For individual arbitration of non-frivolous claims less than $75,000 for which you timely provided TrackTool™ with a Notice of Dispute, TrackTool™ will reimburse arbitration filing fees at the conclusion of the arbitration and will pay other arbitration fees. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims. If you receive an arbitration award that is more favorable than any offer, we make to resolve the claim, we will pay you $1,000 in addition to the award. TrackTool™ will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

Exceptions to Agreement to Arbitrate. Either you or TrackTool™ may assert claims, if they qualify, in small claims court in Monroe, NC or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Union County, North Carolina to resolve your claim.

NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability. . If any part of this "Mandatory Arbitration Provisions" section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this "Mandatory Arbitration Provisions" section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this "Mandatory Arbitration Provisions" section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Controlling Law

These Terms will be governed by North Carolina law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and TrackTool with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

TrackTool's™ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TrackTool™ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

changes to the law,
new regulatory requirements, or
improvements or enhancements made to our Services, or
Change of address or venue

If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don't agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.