1. Accepting the Terms
1.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
1.2. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by TrackRay.com in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that TrackRay.com will treat your use of the Services as acceptance of the Terms from that point onwards.
2. License from TrackRay.com
2.1. TrackRay.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TrackRay.com as part of the Services as provided to you by TrackRay.com (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TrackRay.com, in the manner permitted by the Terms.
2.2. Unless you have been specifically permitted to do so in a separate agreement with TrackRay.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TrackRay.com, in writing.
3. Content license from you
3.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give TrackRay.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate and publish on TrackRay.com website any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling TrackRay.com to perform, display, distribute and promote the Services.
3.2. You understand that TrackRay.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit TrackRay.com to take these actions.
3.3. You confirm and warrant to TrackRay.com that you have all the rights, power and authority necessary to grant the above license.
4.1. We will not use any of your content for any purpose except to provide you with the Service. We do not sell, spam, rent or otherwise share your personal information with any third parties except when we believe we are required to do so by law.
5. Provision of the Services
5.1. You acknowledge and agree that the form and nature of the Services which TrackRay.com provides may change from time to time without prior notice to you.
5.2. You acknowledge and agree that TrackRay.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TrackRay.comís sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TrackRay.com when you stop using the Services.
5.3. You acknowledge and agree that if TrackRay.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5.4. You acknowledge and agree that while TrackRay.com may not currently have set a fixed upper limits such as number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TrackRay.com at any time, at TrackRay.comís discretion.
5.5. TrackRay.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
6. Data Retention
6.1. Account Inactivity: TrackRay.com may terminate your account if you fail use your account for a period of six months.
7. Use of the Services by you
7.1. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
7.2. Unless you have agreed otherwise in writing with TrackRay.com, nothing in the Terms gives you a right to use any of TrackRay.comís trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8. Your passwords and account security
8.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
8.2. Accordingly, you agree that you will be solely responsible to TrackRay.com for all activities that occur under your account.
9.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. The TrackRay.com service includes relevant advertising and related links based on the IP address, content of messages and other information related to your use of TrackRay.com.
9.2. The manner, mode and extent of advertising by TrackRay.com on the Services are subject to change without specific notice to you.
10. Access and Interference
10.1. You agree that you will not use any robot, spider, scraper, or other automated means to access the application sites app.TrackRay.com and ma.TrackRay.com for any purpose without our express written permission. Main sites www.TrackRay.com and m.TrackRay.com can be accessed using such means, provided those actions do not impose and may not impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
10.2. You agree that you will not use any filtering software (such as proxy) or other content altering or stripping mechanism to filter, suppress or hide advertisements that may be present on TrackRay.comís pages.
11. EXCLUSION OF WARRANTIES
11.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.2. IN PARTICULAR, TRACKRAY.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACKRAY.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.5. TRACKRAY.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY12.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRACKRAY.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
12.2. THE LIMITATIONS ON TRACKRAY.COM'S LIABILITY TO YOU IN PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT TRACKRAY.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. General legal terms
13.1. You agree that if TrackRay.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TrackRay.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of TrackRay.comís rights and that those rights or remedies will still be available to TrackRay.com.