Last Updated: May 30, 2018
In these Terms, our customers and their staff members to whom they give "staff" access to the Services are called "Subscribers", and our customers who use the Site (for example, to view or pay Subscribers’ invoices) are called "Customers". In these Terms, users of the Site, whether they are Subscribers, Customers, members of the Tracker forum, people who post comments on the Tracker blog, or casual browsers of the Site, are called "Users".
The Services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
2. Registration Data and Account Security
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company. You are responsible for all activity on your Tracker Account, and for all charges incurred by your Tracker Account. Please refer to the Company’s Security Policy for more information.
3. Fees, Charges, and Taxes
Fees and any other charges for the use of the Services are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
4. Application Program Interface Terms
Customers may access their Tracker Account data via an Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Site, is bound by the terms of this agreement. You expressly understand and agree that Tracker Systems, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tracker Systems, LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to the Company via the API may result in the temporary or permanent suspension of your account’s access to the API. Tracker Systems, LLC, in its sole discretion, will determine abuse or excessive usage of the API. Tracker Systems, LLC will make a reasonable attempt via email to warn the account owner prior to suspension. Tracker Systems, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
5. Ownership; Intellectual Property
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Content, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
6. Your Limited License of Your User Content to Tracker Systems, LLC
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. For example, if you leave comments on the Tracker blog or posts on the Tracker forum, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. If you are a Subscriber and enter timesheet data in relation to a Customer and configure your account to display timesheet data to your Customers, we need your license to that User Content to use it in the operation of the Site, and we need the right to sublicense that User Content to your Customers for that purpose.
Therefore, by posting or distributing User Content to or through the Site, you (a) grant Tracker Systems, LLC and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site.
7. Our Limited License of Content to You
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
8. General Use of the Site
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ON THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR THE CONTENT ON THE SITE.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all User Content posted and activity that occurs under your account (even when User Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Services available on the Site.
9. Interactive Use of the Site
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Interactive Areas"). The Company does not pre-screen User Content posted to the Interactive Areas. However, the Company has the right (but not the obligation), in its sole discretion, to refuse or remove any Content that is available via the Service.
If Tracker Systems, LLC provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Site will be considered non-confidential.
By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Tracker Systems, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Tracker Systems, LLC or its affiliates or its users to any harm or liability of any type.
- You may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
All User Content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy located at the bottom of this page.
10. Advertisements and Promotions
Tracker Systems, LLC may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SignTracker, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tracker Systems, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
11. Links to Third Party Websites, Products and Information.
Except for information identified as the Company’s products or services, all other information, products and services offered through this site or on the Internet generally are offered by third parties that are not affiliated with the Company or its products. The Company makes no representations whatsoever about any other website which you may access through this Site or which may link to this Site. In addition, a link to a third party Website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of such Website.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) THE COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. Please note that Microsoft Word and Microsoft Excel are registered trademarks of Microsoft Corporation and Adobe Acrobat, Adobe Reader and Adobe Illustrator are the trademarks of Adobe Systems Corporation. THIS PRODUCT IS NOT ENDORSED, SPONSORED BY, OR IN ANY WAY CONNECTED TO MICROSOFT CORPORATION, ADOBE SYSTEMS CORPORATION, OR ANY OTHER THIRD PARTY COMPANY whose name or product is mentioned in on the site.
12. Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number.
If you initially sign up for a Free Account, Small Shop, Growing, or Big Shop Tracker Account, and you do not cancel that account or sign up for a paying account using a valid credit card within 30 days, that account will be shut off and will be inaccessible until activated with a credit card. You will have 180 days after your account was initially created to activate that Tracker Account or you will have to register as a new subscriber.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade in plan level, your credit card that you provided will automatically be charged the prorated amount for the remainder of your billing cycle. For a plan downgrade, the new rate will automatically be applied to your next billing cycle.
Cancellation your Service may cause the loss of Content, features, or capacity of your Account. The Company does not accept any liability for such loss.
14. Warranties and Disclaimers.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S SERVICES, THIS SITE, AND ALL CONTENT AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR CONTENT, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
15. Limitation of Liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR CONTENT, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME U.S. STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may terminate your account and use of the Site at any time. You are solely responsible for properly canceling your account. If you terminate your account, you must pay the fees applicable for the balance of the then current billing period. When your account is terminated, your User Content will, shortly thereafter, not appear on the Site, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. Upon written request, all personally identifiable data not necessary for the business operations of Tracker Systems will be removed or anonymized.
17. Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by the Company from its offices in Austin, Texas, the United States of America. By accessing this Site, you and the Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Travis County, Texas with respect to such matters.
Notification of Copyright Infringement Claims
Tracker Systems, LLC is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify Tracker Systems, LLC, if they believe that an account user of a Tracker Systems, LLC application has infringed the copyright owner’s work(s). Notifications of claimed copyright infringement must be submitted in writing to Tracker Systems, LLC designated agent for receiving such notifications.
By email: email@example.com
By mail:Tracker Systems, LLC. Attn: Joe Arenella PO Box 92707 Austin, Texas 78709-2707 Telephone (866) 925-5527
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Tracker Systems, LLC to locate the material.
- Information reasonably sufficient to permit Tracker Systems, LLC to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.