General Use Restrictions
tracerisk provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content (domain expertise), logos, graphics and images (together, the “Materials”) are provided to you by tracerisk and are the proprietary, copyrighted and/or trademarked work of tracerisk or tracerisk’s licensors. tracerisk grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use. You agree Materials provided through the Site and tracerisk’s services are for your own internal use and not for resale or redistribution in any manner, including online. You will not collect or use information gathered from the Site for advertising or marketing purposes or for credit granting purposes.
Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
Password Restricted Areas of this Site
You may need a password to login to this Site and/or to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify tracerisk if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify tracerisk of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
Payment, Refunds, Upgrades and Downgrades
- An ACH deposit or mailed check that funds in full previous to subscription activation is required for paying accounts.
- An upgrade from a Plan to any higher paying plan will require a ACH deposit or mailed check. You will be billed for your first year immediately upon ordering and/or upgrading.
- The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- For any upgrade or downgrade in plan level, the check account that you provided will automatically be charged/invoiced immediately.
- Downgrading your Service may cause the loss of features or capacity of your account. We do not accept any liability for such loss.
- You agree to pay all fees, usage or subscription costs incurred through your use of the Services. In addition to any legal or other measures we may take to recover any monies due, trace risk may terminate your access to the Services immediately should there be any unpaid fees, usage or subscription costs owed by you, including but not limited to annual subscription fees.
- Unless otherwise stated, all payments are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner.
Third Party Content
Certain information and other content may be provided by third party licensors and suppliers to tracerisk (“Third Party Content”). The Third Party Content is, in each case, the proprietary, copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. TRACERISK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not tracerisk sites. tracerisk is providing these links to you only as a convenience, and tracerisk is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You acknowledges that tracerisk utilizes third party vendors and hosting partners to provide the necessary infrastructure for providing the Services.
Any unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold tracerisk and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) tracerisk or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, or your participation in posting areas, if any, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
tracerisk is a trademark of tracerisk in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of tracerisk. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements
tracerisk respects the intellectual property rights of others, and we ask you to do the same. tracerisk may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide tracerisk’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit tracerisk to locate the material.
- Information reasonably sufficient to permit tracerisk to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
tracerisk’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
PO Box 1522, Lebanon, OH. 45036
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is provided via email and phone, and is limited to answering questions about how the Service operates, or to resolve any bugs or defects found in the Service.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your vendor count exceeds the contracted amount. Of course, we’ll reach out to the account owner before taking any action.
- The initial term of this Agreement begins on the Effective Date, and continues for one year (“Term”). Thirty (30) days prior to the expiration date, communication will be initiated to the Client account owner to ask if the Client would like to renew the Service. If the Client wants to renew, The Company will send an invoice . Once payment is received, the expiration date will be extended by one year (each extension is a “Renewal Term”). Service usage will not be disrupted during the renewal process.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- If the Company discovers that an unauthorized access, use, copying, alteration, transfer, or other violation, compromise or breach of security (electronic or physical) involving or related to any data provided by you has occurred, whether the incident originates within the Company or externally (“Security Incident”), we will (a) use continuous, commercially reasonable efforts to correct the problem within that period, or, if that is not feasible, within the appropriate time period as determined with Client; (b) if requested by Client, document the Security Incident in a detailed incident response log; and (c) comply and cooperate with all requests made by Client to assist Client in complying with all applicable laws, rules, and regulations regarding the Security Incident.
- We will take commercially reasonable precautions to preclude any person acting by, under or through the Company from introducing any software virus, worm, “back door” “Trojan horse” or similar harmful code into our hardware, network, and Service used to fulfill our obligations under these terms of service.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The Company guarantees that the Service will be available at least 99.5% each month. In the event that the Service fails to meet this expectation in a given month, Client will be given an additional month of Service usage at no charge, which will be added to their current subscription period. Notification of failure to meet our service level guarantee will be conveyed via an email to the account owner, with details of the reasons for the unexpected downtime.
- The Company will develop, implement and maintain an Information Security Program (as defined in the FTC’s Safeguards Rule (16 C.F.R. Part 314)) for receiving, storing, handling and transmitting any Customer Data and provide Client with a written summary thereof upon request from time to time, and the Company shall maintain appropriate measures (i) to insure the security and confidentiality of the Customer Data accessed by or disclosed to the Company; (ii) to protect against any anticipated threats or hazards to the security or integrity of the Customer Data; and (iii) to protect against unauthorized access to or use of the Customer Data.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by tracerisk, and they may include inaccuracies or typographical or other errors. tracerisk does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. tracerisk has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by tracerisk or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site and to determine to your satisfaction the suitability of the property for your needs. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of any property.
Limitation of Liability
Local Laws; Export Control
tracerisk controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, tracerisk may terminate and/or suspend your access to this Site without notice. tracerisk prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by tracerisk, may result in immediate termination of your access to this Site. tracerisk has the right to terminate any account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. tracerisk’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and tracerisk and supersede all prior or contemporaneous negotiations, discussions or agreements between you and tracerisk about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.