Third Party Service Providers
Password and Site Access
You are solely responsible for the security of online access to this site and your account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your “account”). By opening an account with us, you promise not to: (a) select or use the identity of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person or entity without authorization; (c) use an identity that we, at our sole discretion, deem inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this policy regarding your account. You should not share your password or login information with any other person or entity.
Contact us immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your account. You must exit fully out of your account at the end of each session. You are and will be responsible for all activities conducted on and with the site that make use of your password and/or login information.
By registering on our site, certain profile information about you will automatically be displayed, posted, and visible to all members of and visitors to the site. By using our site, you consent to our display, disclosure and use of your information and materials as set forth herein and you agree to use caution and care in evaluating and selecting your account settings and information before using this site and posting any information to it. You, your administrators, successors, and assigns agree not to hold us liable for any and all claims, liabilities and/or damages of any kind whatsoever that arise out of or relate in any way to your interaction with others and/or with us through this site.
Those features requiring registration are intended for adults who are at least 18 years of age. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our site and its related services.
Use Of Information
The information and data on Tracksino or via the Tracksino API must not be scraped, transferred or manipulated in any way unless express permission has been given.
The following is a non-inclusive list of behaviours that are not permitted on the site. You agree not to:
upload, post, transmit or otherwise make available any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials posted, transmitted or otherwise made available through the site;
upload, post or otherwise transmit any materials that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any materials that infringe any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or otherwise transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, “chain letters” or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't consented to receive email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
interfere with or disrupt the site, servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
take any steps to interfere with or in any manner compromise any of our security measures;
use the site for fraudulent purposes;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of any third party web site or service;
reproduce or copy the site or any portion thereof;
remove any proprietary notices from this site;
cause, permit or authorize the modification, creation of derivative works, or translation of this site without our express permission;
sell, assign, rent, lease, act as a service bureau, or grant rights in the site including, without limitation, through sublicense, to any other person or entity;
attempt to decompile, reverse engineer, disassemble, modify or hack this site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to this site and/or data transmitted, processed or stored by us or this site;
exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
Site Materials, Services and Software
Through this site, we may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the site (collectively, “materials”); and (b) various services and functionality (collectively, “services”).
The site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the site are subject to our trademark rights, and/or those of our affiliates, or business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the site; (b) “frame” or “mirror” the site on any other server or Internet-based device; and/or (c) access, view, download, print, use and/or display the site for any commercial or other money-making purpose; (d) download or copy account information for the benefit of another person or entity; (e) use any data mining, robots, or similar data gathering and extraction tools; or (e) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You acknowledge that certain elements of the site are, or may in the future be, licensed to us by third parties and that the availability of such elements may cease automatically, without notice or liability on our part.
Failure of a mark to appear on this page does not mean that we do not use or own that mark. Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We and/or our licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the site, or any element thereof.
Product Information and Pricing
Tracksino is a free to use application.
Should content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any content submitted by you is offensive or inappropriate, we may ask you to retract or modify the content in question. If you fail to meet our request within the time specified, then we may terminate your account. We have no obligation, however, to restrict or monitor content in any way.
You may see or read things that you do not like or agree with on our site. You understand that by using our site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through our site. You acknowledge that we do not have any obligation to pre-screen content, although we reserve the right, in our sole discretion, to refuse, move, or delete any content.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
We do not claim ownership of the content you upload, place or post through this site. You are responsible for protecting your rights in such content and are not entitled to our help in protecting such content. By uploading, placing or posting content through this site, you grant us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, and create derivative works from the content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed, for any purpose associated with the site. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.
Third Party Information
Please be aware that when you are on the site, you could be directed to other sites that are beyond our control. We are not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third-party sites linked to this site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
We may provide you information from third parties as part of this site. Unless expressly stated, we do not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties.
We operate this site from its office within Canada. We make no representation that content and materials on this site are legal or appropriate for use from outside the Canada. Please keep in mind that this site may not conform with the laws of your country.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY US “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US, AND ITS THIRD-PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF OUR CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Applicable Law, Severability and Waiver
Complaints and Violations