Terms and Conditions
By registering an account on the Tracking202 web site ("Site" or "Service"), a service provided by Tracking202 Inc. ("Tracking202" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").
Tracking202 does not give any warranty or other assurance as to the operation, quality, or functionality of the Site. Access to the Site may be interrupted, restricted, or delayed for any reason. Tracking202 also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness, or fitness for any particular purpose.
To the full extent permissible by law, Tracking202 disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
The Site contains links to external sites. Tracking202 is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Tracking202. Tracking202 disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
Restriction on Use
This site is owned and operated by Tracking202 Inc. and may contain materials which are derived in whole or in part from various resources. The material and content on this site is copyrighted by international copyright and trademark laws. You may not modify, copy, reproduce, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from Tracking202 Inc. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. At no time may you claim rights to ownership of any material and content you find on this site. This also includes all services provided by Tracking202 Inc.
The service, script, and reports are provided "AS IS" and there are no warranties, claims, or representations made by the company either expressed, implied, or statutory, with respect to the service, script, documentation, and reports, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there are warranties created by the course of dealing, course of performance, or trade usage. The company does not warrant that the service, script, or reports will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you. Prices and charges pertaining to service is at the discretion of the company and the company may withhold the right to refund any amount whether partial or full depending on the circumstances. At this time there is no refund policy.
Licensed to Tracking202.com
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site or service, you are granting Tracking202.com a royalty-free perpetual, non-exclusive, unrestricted, worldwide license to:
Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall Tracking202.com or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Tracking202.com materials. You specifically acknowledge and agree that Tracking202.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Tracking202.com material, or with any of Tracking202.com's Terms and Conditions, your sole and exclusive remedy is to discontinue using Tracking202.com.
The company will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort breach of any statutory duty, indemnity or contribution, or otherwise, even if the company has been advised of the possibility of such damages. The exclusion contacted in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
The company's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the aggregate fees paid by you to the company for use of service.
Term and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
Upon any termination of this agreement, (i) Tracking202 will cease providing the Service; (ii) you will delete all copies of the Script from your web page(s) and certify thereto in writing to Tracking202 within five (5) business days of such termination; (iii) any outstanding balance payable by you to Tracking202 will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Tracking202 reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Tracking202 web site located at http://tracking202.com. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service.
You agree to indemnify, hold harmless and defend Tracking202, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Tracking202 or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Tracking202 or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, Tracking202 will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Tracking202 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Tracking202 shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Francisco, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to the Company must be sent by email to [email protected], and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Tracking202 and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
If you need to contact us, please see our contact us by going to tracking202.com/contact.