This Agreement was last modified on December 28, 2015.
These Terms of Service governs the use of the TrackJS Service (The “Service”) operated by TrackJS LLC. This Agreement sets forth the legally binding terms and conditions for your use of trackjs.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you acknowledge that you have reviewed and accept the terms of service, agree to become bound by its terms, and certify that you are an authorized representative of the entity purchasing the service, and that you have the right and authority to enter into this agreement on the entity’s behalf.
Subject to the terms of this Agreement and proper payment to TrackJS, TrackJS grants you a non-exclusive, non-transferable, limited right to use the software (“Software”) and Services solely for your own internal business purposes for the term of this Agreement. You will not (and you will not allow any thirty party to) copy, distribute, rent, lease, transfer or sublicense all or any portion of the Software to any third party; modify or prepare derivative works of the Software; use the Software in any commercial context or for any commercial purpose or in any commercial product including reselling the Software; use the Software in any manner that threatens the integrity, performance or availability of the Software; or reverse engineer, decompile, or disassemble the Software.
You grant TrackJS a worldwide right to use, store, and reproduce the data gathered by TrackJS of your website (the “Data”) as necessary for TrackJS to (i) create reports or statistics of the Data for you; (ii) provide Service to you; and (iii) create reports or statistics using the Data in the aggregate, provided that no such report identifies you by name or other distinguishing mark.
You acknowledge that the Software is the exclusive property of TrackJS. TrackJS retains all rights, title and interest in and to copyrights, trade secrets, trademarks and other intellectual property rights in the Services and you shall not acquire any right, title, or interest in the Software, except the right to use it in accordance with this Agreement.
Either party may terminate this Agreement at any time with notice. Upon termination TrackJS will stop providing and you will stop accessing Services. In the event of any termination you will not be entitled to any refunds or any other fees. This Agreement will automatically terminate if you do not comply with any terms or conditions of this Agreement, including paying for the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TRACKJS DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. TRACKJS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT.
TRACKJS’ ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT, IS LIMITED TO THE PAYMENTS ACTUALLY MADE BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TRACKJS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSSES OR EXPENSES, WHETHER OR NOT TRACKJS WAS ADVISED OF, KNEW OF SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
You agree to indemnify and hold TrackJS, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Services provided under this Agreement. This indemnity obligation will survive the expiration or termination of this Agreement by either party for any reason.
TrackJS acknowledges that you may disclose non-public, confidential information to TrackJS under this Agreement and you acknowledge that the Software and Services provided to you, and the terms and conditions of this Agreement are confidential and proprietary to TrackJS. Each party agrees to take all reasonably necessary action, including appropriate instructions and agreements with employees and agents, to protect such confidential and proprietary information of the other party from unauthorized disclosure. In the event of any breach of this section, each party acknowledges that the non-breaching party would suffer irreparable harm and shall therefore be entitled to seek injunctive relief without the necessity of posting bond. You also acknowledge that infringement or unauthorized copying of the intellectual property of TrackJS would cause irreparable harm to TrackJS.
You are permitted to state publicly that you are a Subscriber of TrackJS. You agree that TrackJS may include your name and trademarks in a list of TrackJS Customers, online or in promotional materials. You also agree that TrackJS may verbally reference you as a customer of the Service. You may opt out of the provisions in this Section by e-mailing a request to email@example.com.
This Agreement will be governed by and construed under the laws of the State of Minnesota, without reference to its conflict of law principles.
This Agreement is the complete and exclusive statement of the agreement between us concerning its subject matter and supersedes all prior agreements and representations between the parties. Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by TrackJS. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this Agreement. The software is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals.
TrackJS reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Concerned about this agreement? We’d love to chat about your needs. Contact us at firstname.lastname@example.org and we’ll work something out!