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* read our privacy and security policy
TERMS
AND CONDITIONS OF USE
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THE TRACKITBACK WEBSITE.
By using
the Trackitback site, you are indicating that you agree
with the terms and conditions of use outlined below. If
you do not agree with Trackitback's terms
and conditions of use, please do not use this site. Except
where otherwise stated on the site, the use of the designation "Trackitback" on
this site will be deemed to include Trackitback.com
Inc. and its affiliates, subsidiaries, successors and assigns.
Trackitbackreserves
the right, at its discretion, to change, modify, add or
remove portions of these terms and conditions at any time.
These modifications will be effective immediately upon
posting on the Trackitback site. Please check these terms
and conditions periodically for changes. Your continued
use of the Trackitback site indicates
that you accept the modified terms and conditions.
Restrictions
Of Use Of Materials
Trackitbackowns
and operates this site. Trackitback, the
Trackitback logo and "What do you have
to lose?" are trademarks of Trackitback.
Other trademarks, registered trademarks, related words,
domain names and logos that are the property of Trackitback may
appear from time to time on the site. These may not be
used without Trackitback's express permission and, without
limiting the generality of the foregoing, these trademarks
may not be used in connection with any products or services
that are not Trackitback's or authorized
by Trackitback, or in any manner that
is likely to cause confusion among customers or potential
customers of Trackitback, or in any manner
that disparages or discredits Trackitback.
General
Disclaimer And Limitation Of Liability
The site,
the services, the information and materials herein are
provided on an "as is, where is, as available" basis. In
no event will Trackitback be liable for
indirect, general, special, economic, consequential, exemplary
or punitive damages resulting from the use of the Trackitback website,
whether in tort, contract or any other cause of action,
including without limitation, for loss of data, information
or programs, or damage to computers or networks, or from
breach of privacy and similar personal rights, or from
infringement of intellectual property rights, or any other
damages whatsoever, whether or not Trackitback has
been advised of the possibility of such damages. Trackitback's
liability in all such cases shall be limited to the extent
permitted by law.
Indemnification
To the
maximum extent permitted by applicable law, you agree to
defend, indemnify and hold harmless Trackitback,
its affiliates and related companies, from and against
all claims, liability, expenses, including all legal fees
and costs, arising out of: (i) your breach of any provisions
of these terms and conditions; or (ii) your use of the
Trackitback site, the content contained herein, and the
placement or transmission of any information or other materials
on the site made by you or others using your account. Furthermore,
you agree to promptly notify Trackitback immediately
after you become aware of any unauthorized use of your
account and to take such reasonable steps as are necessary
to prevent any reoccurrence of such event. Trackitback
reserves the right, in its sole discretion and at its own
expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you.
You agree to co-operate as fully as reasonably required
in the defense of any claim.
Recourse
If you
are dissatisfied with the Trackitback site
or with these terms and conditions, your sole and exclusive
remedy is to discontinue using the Trackitback site.
In such an event, you agree to destroy all materials obtained
by you on the Trackitback site and all
copies thereof. These terms and conditions shall survive
any such termination.
Conduct
Of Registered Trackitback Clients
In the
event that a user registers with Trackitback,
or is otherwise granted password protected access to the
Trackitback website, that user agrees to act reasonably
and expressly agrees to the following:
• Your
password protected access to the Trackitback website is
for use for permitted purposes only. You agree to restrict
your use to lawful purposes and to follow all Trackitback
policies and notices. Under no circumstances will you allow
or provide access to the Trackitback website
to any unauthorized person;
• You
will not do anything that infringes on the intellectual
property rights of Trackitback or any other party;
• You
will not divulge your user name, password or another account
information to anyone who does not agree to these terms
and conditions of use, or who will not be using your account
on your behalf and with your knowledge and consent at all
times. You agree that, in the event that Trackitback discovers
that you are doing or have done so, your account and access
to the website may be terminated;
• You
agree, warrant and represent that all personal information
that you provide to Trackitback pursuant
to providing you with access to the Trackitback website
is and will be true, complete and accurate;
• You
will not do anything, or omit to do anything, which would
create unmanageable data flows or loads on hardware, or
that would in any manner constitute a threat to the security
or proper operation of this website, the servers on which
it is hosted, and the business of Trackitback;
and,
• You
agree that Trackitback, in its absolute discretion, will
be the sole judge of whether you have breached any provision
of these terms of use and that any privileges granted to
you as an individual under these terms may be revoked,
suspended or terminated by Trackitback at any time without
notice in its sole discretion.
Governing
Law And Jurisdiction
The Trackitbackwebsite
is controlled by Trackitback from its office within the
Province of Manitoba, Canada . This site can be accessed
from all provinces and territories of Canada, as well as
from other countries around the world. As each of these
places has laws that may differ from those of the Province
of Manitoba, by accessing this site, you agree that all
matters relating to access to, or use of, the site shall
be governed exclusively by the laws of the Province of
Manitoba and the laws of Canada applicable to the Province
of Manitoba, without regard to the conflicts of laws principles
thereof. You expressly and voluntarily submit to and attorn
to the jurisdiction of such courts, and you undertake and
agree to bring no complaint and file no action in any other
Court whatsoever. Nothing contained in this section shall
prevent Trackitback from commencing an
action in any court of competent jurisdiction in order
to seek damages and/or equitable relief against you for
break of these terms and conditions. Use of the Trackitback website
in any jurisdiction not giving effect to all provisions
of these terms and conditions is unauthorised.
Privacy
And Security
Trackitback strives
to protect the privacy and security of any information
you provide over the Internet to Trackitback.
However, because of the nature of the Internet, Trackitback
cannot guarantee that this information will not be improperly
accessed or used by third parties. As well, Trackitback makes
no representations or warranties that the Trackitback website,
or access to and use of the Trackitback site, will be uninterrupted,
error free, or free from defects, viruses or other harmful
components. Therefore, you are submitting the information
over the Internet to Trackitback at your own risk. Please
refer to the Privacy and Security Policy section
of this site for full information, including the measures
Trackitback has in place to protect its clients.
General
These
terms and conditions of use constitute the entire agreement
and supersede all prior or contemporaneous communications
and proposals, of whatever medium, between you and Trackitback with
respect to your use of the Trackitback website. The failure
or delay of Trackitback in exercising
any right or remedy under these terms and conditions or
elsewhere shall not constitute a waiver of such right or
remedy. The section titles in these terms and conditions
are for convenience only and have no legal or contractual
effect.
Severability
If any
part of these terms and conditions is determined to be
indefinite, invalid, illegal or otherwise voidable or unenforceable pursuant
to applicable law, including but not limited to the limitation
of liability set out herein, that portion shall be construed
in a manner consistent with applicable law to reflect as
nearly as possible the original intentions of the parties.
The balance of the terms and conditions outlined in these
terms and conditions of use will continue in full force
and effect.
Last updated August 6, 2004
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