Trax Web Site Legal Terms

Acceptance of Terms and Conditions of Use

Please carefully read this entire statement before using this web site. It lists the terms and conditions under which Trax Technologies, Inc., its subsidiaries and affiliates ("Trax") makes this web site available and under which you agree to use it. By using this web site, you agree with these Terms and Conditions of Use. If you do not agree with any of the Terms and Conditions of Use, do not use this web site.

Modification of Terms and Conditions of Use

Trax reserves the right to modify these Terms and Conditions of Use at any time. New or modified terms and conditions will be effective upon their posting on the Trax web site. Your use of this web site after posting of any new or modified terms and conditions will be acknowledgement that you agree with and will comply with them. It is your responsibility to check these Terms and Conditions of Use periodically for changes. As long as you comply with these Terms and Conditions of Use, Trax grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this web site.

Proprietary Rights

This web site and all information it contains are the property of Trax Technologies, Inc., 14500 N. Northsight Blvd, Suite 113, Scottsdale, AZ 85260. All material on this web site, including, but not limited to, text, images and illustrations, is protected by copyrights that are owned or controlled by Trax or by other parties that have licensed or otherwise permitted the use of their material to Trax. Any copies of documents from this web site, or portions thereof, must include copyright notice referencing Trax. Nothing contained herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Trax.

Restrictions on Your Use of the Site

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any transactions being conducted on this web site, or with any other person's use of this web site.

You may not attempt to gain unauthorized access to any portion or feature of this web site, or any other systems or networks connected to this web site or to any Trax server, or to any services offered on or through this web site, by hacking, password "mining" or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Trax web site infrastructure, systems or networks, or any systems or networks connected to this web site.

You may not use any automated means including, but not limited to, "deep-link", "page-scrape", "robot" or "spider" to access, acquire, copy or monitor any portion of this web site or any content, or in any way reproduce or circumvent the navigational structure or presentation of this web site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through this web site. Trax reserves the right to bar any such activity.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may link to this web site for the top-level domain name, www.traxtech.com for informational, noncommercial purposes. Links that are deemed by Trax to not be in the commercial interest of Trax will be prohibited. You may not link this web site to another site that is deemed by Trax to be misleading, obscene, defamatory, tarnishing, diluting, and disparaging or in any way casts Trax in a negative light. Trax reserves the right to prosecute such use to the full extent of the laws. LINKING TO THIS WEB SITE AND USING ANY TRAX TRADE, SERVICE OR OTHER MARK IS PROHIBITED WITHOUT THE EXPRESS, WRITTEN CONSENT OF TRAX.

You may not use this web site or any of its contents for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Trax or others.

Accounts, Passwords and Security

Certain features or services offered on or through this web site may require you to open an account including setting up a Trax ID and password. You are entirely responsible for maintaining the confidentiality of your account information, password and activity that occurs under your account. You agree to notify Trax immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Trax or any other user of or visitor to this web site due to someone else using your Trax ID, password or account.

Privacy Policy

Trax's Privacy Policy applies to use of this web site, and its terms are made a part of these Terms and Conditions of Use. To view Trax's Privacy Policy, click on the "Privacy Policy" button on the bottom of the web site pages. Additionally, by using this web site, you acknowledge and agree that Internet transmissions are never completely private or secure. You also acknowledge that any message or information you send to this web site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and Trax Site

This web site may contain links to other independent third party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Because such Linked Sites are not under Trax's control, Trax is not responsible for the accuracy and does not endorse the information, materials or content of such Linked Sites. You are solely responsible for making your own independent judgment regarding your interaction with these Linked Sites.

Submissions to Trax

Unless otherwise expressly stated herein, any comments, suggestions or other information sent to Trax through or as a result of this web site are provided without restriction or obligation to Trax, and will not be held in confidence. Trax assumes no obligation to protect such information from disclosure and will be free to reproduce, use and distribute this information to others without restriction. Trax will also be free to use any ideas, concepts, know-how or techniques contained in the information you send to Trax for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.

Disclaimer

While Trax attempts to keep the text information on this web site as current and accurate as possible, it is not perfect. Also, because it is necessary to rely on input of information by human beings, both Trax employees and customers during the course of conducting business, the entry and transmission of incorrect information is possible. You are hereby given notice of this lack of perfection and that the entry and transmission of incorrect information is possible.

TRAX DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Trax reserves the right to modify, interrupt, suspend or terminate operation of or access to this web site, or any portion thereof, at any time, without notice, for any reason; including, but not limited to, performing routine or non-routine maintenance, error correction, or other changes.

Your use of this site is "at your own risk." Should you make business decisions based on information gained from this web site, you must do so knowing the possible impact of error in the data. All information contained on this web site is provided "AS IS" and "AS AVAILABLE." Trax makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, adequacy of, or the suitability, functionality, availability and operation of this web site or the information it contains.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRAX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THIS WEB SITE AND ANY INFORMATION CONTAINED HEREIN. IN NO EVENT WILL TRAX BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF TRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. USERS OF THIS WEB SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY. YOUR SOLE REMEDY AGAINST TRAX FOR DISSATISFACTION WITH THIS WEB SITE OR ANY CONTENT IS TO STOP USING THIS WEB SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Indemnity

You agree to indemnify and hold Trax, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Trax by any third party due to or arising out of or in connection with your use of this web site.

General Provisions

Governing Law/Dispute Resolution

You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Trax and you arising out of or in connection with your use of this web site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Severability

If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.

Nonwaiver

Trax's failure to insist on or enforce strict performance of these Terms and Conditions of Use shall not be construed as a waiver by Trax of any provision or any right it has to enforce these Terms and Conditions of Use, nor shall any course of conduct between Trax and you or any other party be deemed to modify any provision of these Terms and Conditions of Use.

No Counteroffers

Trax will not accept any counter-offers to these Terms and Conditions of Use, and all such offers are hereby categorically rejected.

Reservations of Rights

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TRAX.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and Trax with regard to your use of this web site, and any and all other written or oral agreements or understandings previously existing between you and Trax with respect to such use are hereby superseded and cancelled.

Contact Us

If you have any questions about these Terms and Conditions of Use, the practices of this web site, or your dealings with this web site, please contact Trax through the web site's "Contact Us" pages or: Trax Technologies, Inc. 14500 N. Northsight Blvd, Suite 113 Scottsdale, AZ 85260