These terms and conditions govern your use of Tracklytics; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use Trackalytics. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Trackalytics is neither affiliated with nor endorsed by any social network you may find on this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Commercial use of the Trackalytics system is strictly prohibited and may, but not limited to, result in your access being blocked from the Trackalytics website. Whether revenue is generated or not, excessive use may be treated the same way as commercial usage.
You must not use this website in any ways other than the way have advised you to do.
Access to certain areas of this website is restricted. Trackalytics reserves the right to restrict access to areas of this website, or indeed this entire website, at Trackalytics's discretion.
If Trackalytics provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Trackalytics may disable your user ID and password at Trackalytics's sole discretion without notice or explanation.
Some content found on Trackalytics is copyrighted by third partys. Trackalytics gathers and uses copyrighted content within the terms of their respective creators / copyright holders. Authorized use of our content may obligate you under the terms of those respective creators / copyright holders. It is up to you to comply with those terms, if/when applicable.
Your submitted content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Trackalytics or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Trackalytics reserves the right to edit or remove any material submitted to this website, or stored on Trackalytics's servers, or hosted or published upon this website.
Trackalytics acts as a data Controller starting when customers create an account or otherwise use our products and/or services, and when customers complete payments for Trackalytics products and/or services. Personal data, including but not limited to, name, email address, ip address, phone number and billing address. Customers acknowledge that Trackalytics shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Products and/or Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, Trackalytics is the Controller of such data and accordingly processes such data in compliance with Data Protection Laws. Trackalytics may process personal data that originates from the EU in the United States. We provide a level of protection of privacy that complies with the EU rules. Upon becoming aware of a Security Incident, Trackalytics shall notify Customers without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested. At customers request, all Personal Data shall be deleted, save that this requirement shall not apply to the extent Trackalytics is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data Trackalytics shall securely isolate and protect from any further processing, except to the extent required by applicable law.
Trackalytics utilizes Fraud Detection and Prevention Services by Fraudgrade. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported to FraudGrade with evidence. Your use of the Trackalytics website and/or services is confirmation of your acceptance that Trackalytics may engage FraudGrade as a Sub-Processor to process Personal Data.
This website is provided “as is” without any representations or warranties, express or implied. Trackalytics makes no representations or warranties in relation to the accuracy or or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Trackalytics does not warrant that:
-this website will be constantly available, or available at all; or
-the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Trackalytics will not be liable in any way (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
-for any direct, indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Trackalytics has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Trackalytics's liability in respect of any:
-fraud or fraudulent misrepresentation on the part of Trackalytics; or
-matter which it would be illegal or unlawful for Trackalytics to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Trackalytics has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Trackalytics's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Trackalytics's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Trackalytics.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Trackalytics and undertake to keep Trackalytics indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Trackalytics to a third party in settlement of a claim or dispute on the advice of Trackalytics's legal advisers) incurred or suffered by Trackalytics arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Trackalytics's other rights under these terms and conditions, if you breach these terms and conditions in any way, Trackalytics may take such action as Trackalytics deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Trackalytics may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Trackalytics may transfer, sub-contract or otherwise deal with Trackalytics's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Trackalytics in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ohio.
If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us