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Welcome to Track Subscription Services for rental property owners and managers (“Property Managers”). To help you understand some of the legal language used in this document, keep in mind that “Track,” “we,” “us” and “our” all refer to Track Inc. The terms “Property Manager”, “you” and “your” are used to refer to the party who is entering into a contract with Track Inc. for the Subscription Services.
- ACCEPTANCE OF TERMS
- DESCRIPTION OF SERVICES
Track Subscription Services currently provides rental property owners with access to a rich collection of online resources and communications services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services resources, shall be subject to the TOU. To use the Services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Track Inc. is not a party to, or obligated under, any transaction or rental agreement between you and any renter or prospective renter.
As part of the Services, Track Inc. may make available a variety of content through the Site prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.
- YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Services’ registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Track Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Track Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You will pay all subscription, service and use fees associated with the Services (“Fees”) by authorized check, credit card or electronic fund transfer on or before the due date specified in any invoice we send you. Alternatively, you may authorize Track Inc. to charge your credit card or bank checking account for the amount of any Fees you owe. Any change in Fees shall be effective thirty (30) days after we post the Change in Fees notice and shall affect Fees that are due in the calendar month that is immediately subsequent to the end of the thirty-day period. You will also pay all federal, state and local taxes, if any, levied now or in the future, that are applicable to your use or receipt of the Services. You will pay all costs (including, but not limited to, attorneys’ fees), if any, we incur in collecting overdue fees from you.
- PROPERTY MANAGER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Track Inc., are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. Track Inc. does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
You will post Content related solely to rental properties that you own or manage. You will keep all available property listings current and you will accurately describe all property or community features and terms. Your Content will not be inaccurate, misleading or inflammatory. Your Content will comply with all federal, state and local fair housing laws, regulations and ordinances. You will not mischaracterize the relationship between you and Track Inc. or imply that Track Inc. is a party to, or obligated under, any agreement between you and any third party.
You will not use the Services to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a Track Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
- Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, rental locator services, or any other company that requires additional fees or obligations to access content or information;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance;
- “Stalk” or otherwise harass another;
- Promote or provide instructional information about illegal or harmful activities;
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED TO TRACK SUBSCRIPTION SERVICES
Track Inc. does not claim ownership of the Content you submit through the Services. By submitting Content to Track for inclusion on your Track Site, you grant Track Inc. the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Public Office or rental property listings on Track Inc.’s Internet properties.
Track Inc. does not pre-screen Content, but Track Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Track Inc. and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You will indemnify, protect, defend and hold Track Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, your connection to the Services, your violation of the TOU, or your violation of any rights of another.
- NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
- GENERAL PRACTICES REGARDING USE AND STORAGE
Track Inc. may establish general practices and limits concerning use of the Services.
- MODIFICATIONS TO SERVICES
Track Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Track Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that Track Inc., in its sole discretion, may terminate your password, your access to Track Subscription Services Site, use of the Services or use of any other Track services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Track Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Track Inc. may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. Any termination of your access to the Services under any provision of this TOU may be effected without prior notice. Further, Track Inc. shall not be liable to you or any third-party for any termination of your access to the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Track Inc. has no control over such Web sites and resources, Track Inc. is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that Track Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such Web site or resource.
The Services allow you to access forms (“Forms”) prepared by third parties, such as state and local apartment or rental property associations. You are responsible for verifying the accuracy of the Forms and determining whether the Forms are appropriate for your intended use. Track Inc. has no responsibility for the Forms and shall not be liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Forms.
- TRACK INC. PROPRIETARY RIGHTS
The Services, and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. In addition, any artwork, photographs, still images, moving video, descriptive text, or other content provided by Track remains the sole property of Track. Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, Services marks, patents or other proprietary rights and laws. Except as expressly authorized by Track Inc. or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
Track Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Track Inc. for use in accessing the Services.
- DISCLAIMER OF WARRANTIES
- Your use of the Services and Content is at your sole risk;
- The Services are provided on an “as is” and an “as available” basis;
- Track Inc. expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement;
- Track Inc. makes no warranty that:
(i)The Services will meet your requirements, the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of the products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the software will be corrected, or (vi) that any third party will perform as promised;
- Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
- No advice or information, whether oral or written, obtained by you from Track Inc. or through or from the Services shall create any warranty not expressly stated in the TOU.
To the fullest extent permitted under applicable law, Track Inc. disclaims any and all such warranties.
- LIMITATION OF LIABILITY
Track Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if Track Inc. has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.
Further, Track Inc. shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers with intermediate computer or communications networks or facilities; problems with data transmission facilities of your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. Track Inc. is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Services.
You further agree that Track Inc. shall not be liable to you or any other third party for any information submitted to you by a renter or prospective renter or for the suitability of qualification of any renter or prospective renter. If you elect the Track rental payment service, we will accept rental payments from renters on your behalf and admit the proceeds (less any applicable fees) to you. However, Track Inc. is not a collection agency and is not responsible for pursuing renters on your behalf for rental payments or any other obligation.
- GENERAL RELEASE
Because Track Inc. is not involved in transactions between property managers and renters or any third parties, if a dispute arises between one or more Web site or Services users, each of you release Track Inc. (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Notices to you may be made by e-mail or regular mail. Track may also provide notices of changes to the TOU, Services or other matters by displaying notices or links to notices to you generally on the Site.
- GENERAL INFORMATION
The TOU constitute the entire agreement between you and Track Inc. and govern your use of the Services, superceding any prior agreements between you and Track Inc.. You also may be subject to additional terms and conditions that may apply when you use the Track Rent Payment Service, other Track services, third-party content or third-party software. The TOU and the relationship between you and Track Inc. shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. The failure of Track Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.