General Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.
You are currently viewing a page of the ontrackfin.com website (“Site”) belonging to Track Financial Services (“Track”). These General Terms of Use (“Terms of Use”) govern your access to and use of our Site, including any of our Site’s content, functionality and services. “You” and “your” refer to any person who accesses or uses our Site. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, please do not access this Site.
Track reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. The Terms of Use were last updated on the date shown above. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. Track reserves the right to modify the Site’s content and functionality, or terminate your access to the Site, in whole or in part, at any time.
Trademarks, copyrights, and restrictions on use
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the services are proprietary to Track or our licensors or licensees. You may not use, reproduce or display any of Track’s trademarks except upon receiving Track’s prior written consent.
The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Track, and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without Track's prior written consent. You may, however, view information available on the Site for your informational purposes. You may download from the Site materials we make available for download. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Site.
Your use of our Site imposes on you an obligation of appropriate use and conduct. Unauthorized use or misuse of our Site is strictly prohibited. You may only view or use our Site for lawful purposes and you agree not to use our Site in any way that violates any applicable law or regulation.
Claims of copyright infringement
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Track a notice requesting we remove the material or block access to it.
Registration information
As of this version of our Terms of Use, Track is testing for implementation an account registry, which will allow you to register and view or manage aspects of your account with Track on your own customer portal. You may be invited to register in order to help us tailor this customer service portal to suit our customers’ needs. In registering for this service, you agree to provide accurate, true, current, and complete information about yourself as requested by the registration screens.
Privacy
Your use of our Site is subject to the Track Privacy Policy. By accessing or using the Site or its content, functionality and services, you understand and agree that Track may collect and retain personal or other information about you.
Feedback
You agree that any and all suggestions, comments, and feedback you submit through our Site will be deemed to be non-confidential. Track will not be under any obligation to keep any of your suggestions, comments, and feedback confidential, except as otherwise specifically agreed or required by law. Track will also be free to use your suggestions, comments, and feedback in any way and for any purpose. Please feel free to make suggestions or comments, or offer feedback that you in good faith believe may improve our services.
Disclaimer and limitation of liability
THIS SITE, INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS, ARE OFFERED BY TRACK ON AN "AS IS," “AS AVAILABLE,” "WHERE IS," AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
YOU ACKNOWLEDGE THAT TRACK, INCLUDING ITS EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS, WARRANT THAT ANYTHING OFFERED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANYTHING CONTAINED ON OUR SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED OR SUPPORTED THROUGH OUR SITE.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TRACK BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TRACK BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) THE SITE AND ANYTHING OFFERED OR MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Indemnification
You agree to defend, indemnify, and hold harmless Track and its directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the content, functionality and services contained or offered through the Site, including such violation or misuses conducted by your employee or agent.
Enforceability and governing law
These Terms of Use constitute a contract between you and Track governed by the laws of the state of Illinois (United States of America), with the exception of its conflicts of laws provisions. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Track.
The Site is hosted in the United States. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law (as stated above), which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or its content, functionality and services, you may transfer certain personal information to the United States. You consent to that transfer and you consent to the application of United States law.