Terms Of Use

All content such as text, graphics, photos, user interfaces, visual interfaces, downloadable content, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed by Trackonomy, and is protected by copyright, trademark, trade dress, and patent laws, and various other intellectual property rights and unfair competition laws. Subject to the terms of this Agreement, Trackonomy grants you a limited, non-exclusive and nontransferable license to access and use the Site.

Except as expressly provided in this Agreement, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, site or other medium for publication or distribution or for any commercial enterprise, without Trackonomy’s express prior written consent.

You may use information on Trackonomy products and services (such as data sheets and whitepapers) purposely made available by Trackonomy for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) do not copy or post such information online or broadcast it in any media, (3) do not present it in a misleading or disparaging way, and (4) not make any additional representations or warranties regarding the subject of such information.

The Content may not be reproduced, duplicated, copied, displayed, sold, resold,  or exploited for any commercial purpose without the express written consent of Trackonomy.

You will not use the Site in any way that violates any applicable federal, state, local, or international law or regulation, or that violates or infringes the rights of Trackonomy or any third party.

You agree not to download or copy any Content for the benefit of any third-party or use any data mining, robots, spiders, or similar data gathering and extraction tools.

Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

You also agree not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Trackonomy server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

Any feedback you provide on or through the Site shall be deemed to be non-confidential. Trackonomy shall be free to use such information on an unrestricted basis. The information contained on the Site is subject to change without notice.

Trackonomy’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such agreements.

Trackonomy may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Trackonomy makes no commitment to update the materials on the Site with respect to such products and services.

Trackonomy may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Trackonomy makes no commitment to update the materials on the Site with respect to such products and services.

This Web Site may contain links to third party web sites which are controlled and operated by third parties. Trackonomy is not responsible for and makes no representations whatsoever about any third party web site which you may access through the Web Site. In addition, a link to a third party web site does not mean that Trackonomy endorses the third party web site or has any affiliation with the operators of the third party web site. Trackonomy is not responsible for any data or transmission you may receive from the third party web site, as it is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

You acknowledge that when you download, install or use the Site, Trackonomy may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device or web browser and about your use of the Site. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Site or certain of its features or functionality.  All information we collect through or in connection with the Site is subject to our Privacy Policy at https://trackonomysystems.com/privacy-policy/. By downloading, installing, using and providing information to or through the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Trackonomy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Trackonomy’s rights or property, or the rights or property of visitors to or users of the Site, including Trackonomy’s customers. Trackonomy reserves the right at all times to disclose any information that Trackonomy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Trackonomy also may disclose your information when Trackonomy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Trackonomy may preserve any transmittal or communication by you with Trackonomy through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Trackonomy determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Trackonomy, its employees, users of or visitors to the Site, and the public.

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Trackonomy immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Trackonomy or any other user of or visitor to the Site due to someone else using your access credentials, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s access credentials, password or account at any time without the express permission and consent of the holder of that access credential, password or account. Trackonomy will not be liable for any loss or damage arising from your failure to comply with these obligations.

TRACKONOMY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRACKONOMY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRACKONOMY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRACKONOMY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TRACKONOMY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRACKONOMY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY CONTENT. THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Trackonomy reserves the right to do any of the following, at any time, without notice and for any reason: (1) to modify, suspend or terminate operation of or access to the Site (including your access), or any portion of the Site; and (2) to modify, change or remove any aspect of the Site or any Content thereon. You agree that Trackonomy will not be liable to you or to any third party for termination of your access to the Site.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL TRACKONOMY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF TRACKONOMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRACKONOMY’S LIABILITY TO YOU EXCEED $500. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify and hold Trackonomy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Trackonomy by any third party due to or arising out of or in connection with your use of the Site.

This Agreement is effective until modified or terminated by Trackonomy. In the event of termination, you are no longer authorized to access the Site and those terms which by their provisions are meant to survive termination shall so survive, including without limitation the disclaimers and limitations of liabilities.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Trackonomy, for which monetary damages would be inadequate, and you consent to Trackonomy obtaining any injunctive or equitable relief that Trackonomy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Trackonomy may have at law or in equity.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Trackonomy, for which monetary damages would be inadequate, and you consent to Trackonomy obtaining any injunctive or equitable relief that Trackonomy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Trackonomy may have at law or in equity.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

This Agreement is solely effective in its English language version and any translations of this Agreement are provided solely for information and convenience. In the event this Agreement is translated into any language other than English, the English version shall in all respects control and apply in case of any differences or discrepancies.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Except where you or the entity you represent, has entered into an agreement with Trackonomy specifically for use of any a particular Site, this Agreement and our Privacy Policy constitute the entire agreement between you and Trackonomy with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.

Trackonomy’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Trackonomy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Trackonomy and you or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available. Trackonomy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.