By using the Tracmor.com web site (“Service”), or any services of Tracmor LLC (“Tracmor”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Tracmor reserves the right to update and change the Terms of Service from time to time without notice. New features enhancing the current service, including new tools and resources, will be controlled by the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at : https://tracmor.com/terms/
Violation of any of the terms below will result in the termination of your Account. While Tracmor prohibits such conduct and Content on the Service, you understand and agree that Tracmor cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- 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.
- You are responsible for maintaining the security of your account and password. Tracmor 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 Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your 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 or trademark laws).
Payment, Refunds, Upgrading, and Downgrading Terms
- All paid plans must enter a valid credit card.
- We bill the Service in advance on a monthly basis, and it is non-refundable. There will be no refunds or credits for partial months of service, 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 or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Tracmor does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. Sending an email or making a phone request to cancel your account does not constitute cancellation. You can cancel your account at any time by logging in to your Tracmor Payment Portal and canceling the subscription explicitly; you will receive an email confirmation.
- All of the Content you have will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
- If we cancel the Service before the end of your current pay period, the cancellation will take effect immediately, and you will not be charged again.
- Tracmor, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tracmor service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Tracmor reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Tracmor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Tracmor Site (tracmor.com) or the Service itself.
- Tracmor shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- Tracmor does not pre-screen Content, but Tracmor and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Tracmor against any claim, demand, suit or proceeding made or brought against Tracmor by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Tracmor for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Tracmor in connection with any such claim, demand, suit or proceeding; provided, that Tracmor (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Tracmor of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email and the web-based ticket system. Support is only available in English.
- You understand that Tracmor uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- The user must not modify, adapt, or hack the Service, or falsely imply that another website is associated with the Service, Tracmor, or any other Tracmor service.
- You agree not to sell, resell or exploit any portion of the Service, use the Service, or access the Service without the express written permission of Tracmor.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Tracmor customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited emails, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Tracmor) of other Tracmor customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Tracmor does not provide a warranty that (i) the service will meet your specific requirements, (ii) the service will operate without interruptions, in a timely manner, securely, or without errors, (iii) the results obtained from using the service will be accurate or reliable, (iv) the products, services, information, or other materials purchased or obtained through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that you shall not hold Tracmor 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 Tracmor has been advised of the possibility of such damages). These damages may result from (i) your use or inability to use the service; (ii) the cost of acquiring substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Tracmor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Tracmor and govern your use of the Service, superseding any prior agreements between you and Tracmor (including, but not limited to, any prior versions of the Terms of Service). You agree that California law governs these Terms of Service and your use of the Service.
- Please send any questions about the Terms of Service to firstname.lastname@example.org.