Welcome to Tracker Management Systems LLC
These terms and conditions outline the rules and regulations for the use of Tracker Management Systems LLC's Website.
Tracker Management Systems LLC is located at:
4600 Rockside Rd Independence
44131 - Ohio , United States
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Tracker Management Systems LLC's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Tracker", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Tracker Management Systems LLC and/or it's licensors own the intellectual property rights for all material on Tracker Management Systems LLC. All intellectual property rights are reserved. You may view and/or print pages from http://trackermanagement.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
License to You.
We authorize you, subject to this EULA, to (a) access and use the Website, (b) access and use Tracker web application, (c) download, access, and use Tracker mobile application and (d) access and use all other Tracker Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Tracker Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Tracker Content on any copy you make of the Tracker Content.
The following organizations may link to our Web site without prior written approval:\
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
No use of Tracker Management Systems LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
The App will offer the Services via a mobile phone, personal digital assistant or other wireless device running iOS or Android operating system (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with this EULA.
Subject to the payment of all applicable fees, you shall be entitled to participate in the Tracker Management Systems LLC support program indicated on a License Order Confirmation. Information regarding support offerings made generally available by Tracker Management Systems LLC is available from Tracker Management Systems LLC upon request. The provision of support services by Tracker Management Systems LLC, if any, shall be subject to the terms of this Agreement.
A. Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
B. Representative of an Organization. Because you are using the Service in connection with your relationship with a company, entity, or organization (collectively “Organization”), you represent and warrant that you are an employee, contractor or other individual associated with that Organization who is authorized to enter into this EULA and use the Service. If your Organization appoints you the “Authorized Party” under the Enterprise Terms of Service located at www.trackermanagement.com/termsofservice.php (“Enterprise Terms”), then you must perform your duties in this capacity in accordance with this EULA.
You represent and warrant that the information you provide to Tracker Management Systems LLC upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
A. You agree to receive email from us at the email address you provided to us for customer service-related purposes, and to promote upcoming events and/or videos offered through the Service.
B. Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
You agree to use reasonable efforts to cooperate with and assist Tracker Management Systems LLC in identifying and preventing any unauthorized use, copying, or disclosure of the Service or the Software. In addition, you must comply with the following:
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, EU Electronic Commerce Directive 2000/31/EC, and other Intellectual Property Rights protection acts around the globe, Tracker Management Systems LLC will employ all efforts to respond expeditiously to claims of copyright infringement committed using the Tracker Management Systems LLC software and/or Tracker Management Systems LLC service and/or the Tracker Management Systems LLC website when such claims are reported to Tracker Management Systems LLC at the email address email@example.com.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place using Tracker Management Systems LLC software, or Tracker Management Systems LLC service or Tracker Management Systems LLC website by writing to the email address mentioned above. Upon receipt of Notice as described below, Tracker Management Systems LLC will take appropriate action, in its sole discretion, including removal of the challenged content from within the service. Withdrawal of access to the challenged content from any/all means will be considered removal for the sake of this notice.
While writing to the email address to notify of any alleged copyright infringement, please make sure that you provide as much information as possible to expedite the disposal of the claim. You must include the following:
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Tracker Management Systems LLC may (but has no obligation to) review and remove any content you submit or post to the Service at any time for any reason.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This EULA and the relationship between you and Tracker Management Systems LLC shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and Tracker Management Systems LLC agree to submit to arbitration any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Cuyahoga County in the State of Ohio. You covenant not to sue Tracker Management Systems LLC in any other forum.
LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE SERVICE AND ANY SOFTWARE MAY CONTAIN ERRORS, OMISSIONS, AND PROBLEMS. LICENSEE HEREBY ACCEPTS THE SERVICE AND SOFTWARE, "AS IS" AND WITH ALL FAULTS, DEFECTS AND ERRORS AND LICENSEE UNDERSTANDS THAT IT ASSUMES ALL RISKS OF USE, QUALITY, AND PERFORMANCE. NEITHER TRACKER MANAGEMENT SYSTEMS LLC NOR ANY OF TRACKER MANAGEMENT SYSTEMS LLC'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LICENSEE AGREES AND ACKNOWLEDGES THAT NEITHER TRACKER MANAGEMENT SYSTEMS LLC NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS OF AN INDIRECT NATURE, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE AND IN NO EVENT SHALL THEY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF FEES PAID TO TRACKER MANAGEMENT SYSTEMS LLC BY LICENSEE (IF ANY) UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING SIX MONTHS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, TRACKER MANAGEMENT SYSTEMS LLC WOULD NOT LICENSE THE SERVICE OR SOFTWARE TO YOU.
You will defend, indemnify and hold harmless Tracker Management Systems LLC, its affiliates, and their respective officers, directors, employees, agents, licensors and any third-party providers, from and against all claims, losses, damages and costs, including reasonable attorneys’ fees, arising from any third-party claim against Tracker Management Systems LLC related to Your use of the Service or Software, including any document or content You submit to the Service.
This License Agreement sets forth the entire understanding and agreement between you and Tracker Management Systems LLC, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties that identifies itself as an amendment to this License Agreement.
This Agreement was last updated July 10, 2019