Last updated by OnTrac on March 19, 2018.
2. Accepting the Terms. By using the information, tools, features, software and functionality including content, updates and new releases provided by OnTrac of the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to OnTrac. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with OnTrac. Before you continue, you should print or save a local copy of this Agreement for your records. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SERVICES.
4. Third-Party Links & Ads; Other Users. The Services may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of OnTrac, and OnTrac is not responsible for any Third-Party Links & Ads. OnTrac provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Each Services user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that OnTrac will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.
You hereby release and forever discharge OnTrac and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
5. Description of the Services. The OnTrac Services is a business management service that allows you to stay organized and manage various tasks associated with a direct selling business. The Services allow you to manage tasks, obtain order history, track customer information in a CRM, keep track of inventory, track expenses, and analyze data related to your business.
6. Subscription. The OnTrac Services may be accessed on a subscription basis through Google Play/iTunes. The Services are currently offered in a “Basic” package, which is priced at USD $9.99 per month, with an initial, free thirty (30) day trial. Payment will be charged to your authenticated Google Play/iTunes account at confirmation of purchase. The subscription period is thirty (30) days, with automatic renewals occurring after thirty (30) days unless auto-renew is turned off at least twenty-four (24) hours prior to the end of the current subscription period. Your account will be charged USD $9.99 for renewal within twenty-four (24) hours prior to the end of the current subscription period. You may manage or cancel your Services subscription at any time by going to your “Account Settings” section in the App. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.
7. Your Registration Information and Electronic Communications. In order to allow you to use the Services, you will need to sign up for an account with OnTrac. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, and/or requiring you to take steps to confirm ownership of your email address. If you do not provide this information or OnTrac cannot verify your identity, we can refuse to allow you to use the Services. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify OnTrac immediately at the email address - email@example.com. OnTrac cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
8. Your Use of the Services. Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that OnTrac, in its sole discretion, may elect to take. In no event will OnTrac be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for OnTrac to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
9. Use With Your Mobile Device. Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. ONTRAC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
10. Electronic Alerts. Electronic alerts will be sent to the email address you have provided for the Services. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts. Anyone with access to your email will be able to view the content of these alerts.
11. Rights You Grant to Us. By submitting information, data, passwords, usernames, other log-in information, materials and other content to OnTrac through the Services, you are licensing that content to OnTrac for the purpose of providing the Services. OnTrac may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to OnTrac for use for this purpose, without any obligation by OnTrac to pay any fees or be subject to any restrictions or limitations.
12. OnTrac’s Intellectual Property Rights. The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to OnTrac. or its software or content suppliers. OnTrac grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
13. Access and Interference. You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without OnTrac’s express written consent, which may be withheld in OnTrac’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
Attempt to gain an unauthorized access to any portion of the Services.
14. Disclaimer of Representations and Warranties.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ONTRAC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ONTRAC OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ONTRAC OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
15. Limitations on OnTrac’s Liability. ONTRAC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF ONTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ONTRAC’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
16. Your Indemnification of OnTrac. You shall defend, indemnify and hold harmless OnTrac and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
17. Ending your relationship with OnTrac. This Agreement will continue to apply until terminated by either you or OnTrac (or any OnTrac affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows:
To close your account, please use the directions below:
Send an email to firstname.lastname@example.org requesting deactivation. You will receive a confirmation email asking whether you are sure you want to deactivate your account. Once you have confirmed via this email, your account will be deactivated.
Your account will be closed and your ability to log in deactivated immediately. Your OnTrac account data will be handled as explained in our Privacy Statement and we will send you a deactivation confirmation via email.
OnTrac may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. If OnTrac in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that OnTrac may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that OnTrac shall not be liable to you or any third party for any termination of your access to the Services.
18. Modifications. OnTrac reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. OnTrac reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Services, OnTrac will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that OnTrac shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
OnTrac may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
19. Governing Law and Forum for Disputes. Utah state law governs this Agreement without regard to its conflicts of laws provisions.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to OnTrac, 940 S 2000 W, Ste. 245, Springville, Utah 84663. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Each party shall bear all of their own attorney’s fees and related legal costs. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 17 shall survive expiration, termination or rescission of this Agreement.
20. Apple Requirements. If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:
Acknowledgement: You acknowledge that this Agreement is between you and OnTrac only, and not with Apple, and OnTrac, not Apple, is solely responsible for the Software and the content thereof.
Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
Maintenance and Support: OnTrac and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty: OnTrac is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OnTrac’s sole responsibility.
Product Claims: OnTrac, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, OnTrac, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info: Direct any questions, complaints or claims to: OnTrac Technologies, LLC, 940 S 2000 W, Ste. 245, Springville, Utah 84663.
Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement,
and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.