Terms of Use Agreement
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This Terms of Use Agreement Before Accessing Website.
Effective
Date: 02/22/2007
This Terms of Use Agreement was last updated on
02/22/2007.
This Terms of Use Agreement sets forth the standards of
use of the QuickTracer.com's, Online Service. By using
the www.quicktracer.com website you (the “Member”)
agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement
without prior notice. Modifications shall become
effective immediately upon being posted at
www.softrakdata.com website. Your continued use of the
Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Description of Service
QuickTracer.com is providing Member with,
QuickTracer.com. Member must provide (1) all equipment
necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access
to the Internet, and (3) pay any fees relate with such
connection.
2. Disclaimer of Warranties.
The site is provided by QuickTracer.com., is on an “as
is” and on an “as available” basis. To the fullest
extent permitted by applicable law, QuickTracer.com or
it's agents makes no representations or warranties of
any kind, express or implied, regarding the use or the
results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. QuickTracer.com
shall have no liability for any interruptions in the
use of this Website. QuickTracer.com disclaims all
warranties with regard to the information provided,
including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced
exclusion is inapplicable.
3. Limitation of Liability
QuickTracer.com SHALL NOT be liable for any damages
whatsoever, and in particular QuickTracer.com or its
agents shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for
lost profits, loss of revenue, or loss of use, arising
out of or related to this web site or the information
contained in it, whether such damages arise in
contract, negligence, tort, under statute, in equity,
at law, or otherwise, even if Softrak Data Systems has
been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold QuickTracer.com,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the
Service, the violation of this Agreement, or
infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Modifications and Interruption to Service
QuickTracer.com
reserves the right to modify or discontinue the
Service with or
without notice to the Member. QuickTracer.com shall not
be liable to Member or any third party should
QuickTracer.com exercise its right to modify or
discontinue the Service. Member acknowledges and
accepts that QuickTracer.com does not guarantee
continuous, uninterrupted or secure access to our
website and operation of our website may be interfered
with or adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online
merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the
content located on or through, any third-party site.
You should contact the site administrator or webmaster
for those third-party sites if you have any concerns
regarding such links or the content located on such
sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site,
and we are not responsible therein. We encourage all
Members to review said privacy policies of
third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have
either been provided by the Vendors or collected from
publicly available sources. While QuickTracer.com makes
every effort to ensure that the information on this
website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any
information provided on this website. QuickTracer.com
makes no warranties or representations whatsoever with
regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor
shall be at your own risk.
8. Governing Jurisdiction of the Courts of Missouri.
Our website is operated and provided in the State of
Missouri. As such, we are subject to the laws of the
State Missouri, and such laws will govern this Terms of
Use, without giving effect to any choice of law rules.
We make no representation that our website or other
services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access
our site you agree to do so subject to the internal
laws of the State of Missouri.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member
may not use the Service in any way that violates
applicable state, federal, or international laws,
regulations or other government requirements. Member
further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2007
QuickTracer.com., with all rights reserved, or is the
property of QuickTracer.com and/or third parties
protected by intellectual property rights. Any use of
materials on the website, including reproduction for
purposes other than those noted above, modification,
distribution, or replication, any form of data
extraction or data mining, or other commercial
exploitation of any kind, without prior written
permission of an authorized officer of QuickTracer.com
is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or
the content contained therein without prior written
permission of an authorized officer of QuickTracer.com.
QuickTracer Software and www.QuickTracer.com are
proprietary marks of QuickTracer.com. QuickTracer.com's
trademarks may not be used in connection with any
product or service that is not provided by
QuickTracer.com, in any manner that is likely to cause
confusion among customers, or in any manner that
disparages or discredits QuickTracer.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium
Copyright Act, Nationwide Consumer Information
Service.com designates the following individual as its
agent for receipt of notifications of claimed copyright
infringement.
By Email: copyright@softrakdata.com
12. Other Terms
If any provision of this Terms of Use Agreement shall
be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and
any other agreements referenced herein may be assigned
by QuickTracer.com, in our sole discretion, to a third
party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and
shall not be superseded by, any other written agreement
between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and
disclosure of their personally identifiable information
and other practices described in our Privacy Policy
Statement[if applicable].