Terms of Service/End User License Agreement

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.

License

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:

  1. A. Republish material from http://trackermanagement.com
  2. B. Sell, rent or sub-license material from http://trackermanagement.com
  3. C. Reproduce, duplicate or copy material from http://trackermanagement.com
  4. D. Redistribute content from Tracker Management Systems LLC (unless content is specifically made for redistribution).

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.

Privacy Policy

For information about Tracker Management Systems LLC’ data protection and collection practices, please read the Tracker Management Systems LLC Privacy Policy (“Privacy Policy”) which may be found on the Site and is incorporated herein by reference. You hereby agree to our use of your data in accordance with the Privacy Policy located at www.trackermanagement.com/privacy-policy.php.

Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:\

  1. A. Government agencies;
  2. B. Search engines;
  3. C. News organizations;
  4. D. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  5. E. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

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:

  1. A. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  2. B. dot.com community sites;
  3. C. associations or other groups representing charities, including charity giving sites,
  4. D. online directory distributors;
  5. E. internet portals;
  6. F. accounting, law and consulting firms whose primary clients are businesses; and
  7. G. educational institutions and trade associations.

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 info@trackermanagement.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:

  1. A. By use of our corporate name; or
  2. B. By use of the uniform resource locator (Web address) being linked to; or
  3. C. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Tracker Management Systems LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

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.

Reservation of Rights

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.

Removal of links from our website

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.

Mobile Services

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.

Support

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.

Eligibility to Use the Service

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.

Communications

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 support@trackermanagement.com.

Unauthorized Use

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:

  1. A. Unless expressly permitted in this EULA, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Tracker’s prior written authorization.
  2. B. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Tracker Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
  3. C. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Tracker Content available on or through the Service.
  4. D. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Tracker Content available on or through the Service, or any portion thereof, through any other application or website.
  5. E. You agree not to provide any false personal information to Tracker or create a false identify or impersonate another person or entity in any way.
  6. F. You agree not to create a new account with Tracker, without Tracker’s prior express written consent, if Tracker has previously disabled an account of yours.
  7. G. You agree not to restrict, discourage or inhibit any person from using the Service.
  8. H. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
  9. I. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
  10. J. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
  11. K. You agree not to violate any applicable federal, state or local laws or regulations or this EULA when using the Service, including by posting or submitting to the Service any content that infringes any third party intellectual property or other right.
  12. L. You agree not to use the Service to build a competitive product or service.
  13. M. You agree not to post or submit through the Service any content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Tracker in its sole discretion.
  14. N. You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

DMCA Policy

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 info@trackermanagement.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:

  1. A. Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Tracker Management Systems LLC to locate the material.
  2. B. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Tracker Management Systems LLC website or the exact location where such material may be found.
  3. C. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  4. D. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination

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.

Disclaimer

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:

  1. A. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. B. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. C. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. D. exclude any of our or your liabilities that may not be excluded under applicable law.

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.

Arbitration

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.

Exclusion of Warranties

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.

Limitation of Liability

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.

Indemnification

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.

Entire Agreement & Amendment

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