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WEB SITE TERMS AND CONDITIONS
OF USE
Welcome to the
Track-iT Systems, Inc. / iMaintenance Solutions
Web site, and thanks for accessing our services. These terms
and conditions govern your use of our site:
Ownership
This Web site is owned and operated by Track-iT Systems, Inc., (Track-iT Systems, Inc.). Any legal claims or concerns regarding this
Web site should be addressed to: info@track-it-systems.com.
Except where otherwise indicated, the content featured or
displayed on this Web site, including, but not limited to,
text, graphics, photographs, images, moving images, sound,
illustrations and software, belong to Track-iT Systems, Inc., its licensors
and its content providers, and is protected by copyright,
trade dress, moral rights, trademark and other laws relating
to intellectual property rights, to the fullest extent applicable
under both United States and foreign laws. Unauthorized
use of the materials available on this Web site could subject
you to liability under copyright, trademark, trade dress,
unfair competition, and other laws of the United States.
License
Track-iT Systems, Inc. authorizes you to copy materials on this site to
a hard drive for the purpose of viewing and using the site
on your computer. You may also print portions of the site
in hard copy for the sole purpose of facilitating your personal,
noncommercial use and retention of information from the
site. You may not sell or modify the material or reproduce,
republish, display, publicly perform, distribute, or otherwise
use the material in any way for any public or commercial
purpose. Unauthorized use of this material on any other
Web site or in a networked computer environment for any
purpose is prohibited. You may not decompile, reverse engineer,
disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from the Web site or its content. Nor may
you use any network monitoring or discovery software to
determine the site architecture, or extract information
about usage or users. You may not use any robot, spider,
other automatic device, or manual process to monitor or
copy our Web site or its content without our prior written
permission. You may not copy, modify, reproduce, republish,
distribute, display, or transmit for commercial, non-profit
or public purposes all or any portion of the Web Site, except
to the extent permitted above.
Trademarks
iMAINTENANCE SOLUTIONS™
is a trademark of Track-iT Systems, Inc., protected under
the laws of the United States and other countries. Other
parties’ trademarks used, depicted or identified on
this Web site are the property of their respective owners,
used here by permission, and may be registered in one or
more countries. Use on this Web site of the trademark(s)
of any other party is not intended to imply Track-iT Systems, Inc.’s
affiliation with or endorsement of that party, or that party’s
sponsorship or endorsement of Track-iT Systems, Inc., its products or services.
Advertisers
This Web site may contain advertising. Advertisers are responsible
for ensuring that material submitted for inclusion on our
Web site is accurate and complies with applicable laws.
We are not responsible for advertisers’ materials,
and make no representation with respect to the goods and
services advertised or the legality or accuracy of such
advertising.
Digital
Millennium Copyright Act:
Notification of Alleged Copyright Infringement
We avail ourselves of the protections of the Digital Millennium
Copyright Act and reserve the right to remove any content
that is alleged to infringe the copyright of another party.
Notices to us regarding any alleged copyright infringement
on our Web site should be directed to: Robert C. Cumbow,
Graham & Dunn PC, 2801 Alaskan Way, Seattle WA 98121-1128.
Links
to Other Sites
The Web site contains links to Web sites not operated or
maintained by Track-iT Systems, Inc.. These links are provided solely as
a convenience to you and not as an endorsement by Track-iT Systems, Inc.
of the contents of such third party Web sites. Track-iT Systems, Inc. is
not responsible for the content of the sites of others and
makes no representation regarding the content or accuracy
of materials on such sites. If you decide to access linked
third-party Web sites, you do so at your own risk, and waive
any and all claims against Track-iT Systems, Inc. regarding the inclusion
of links to outside Web sites or your use of those Web sites.
The third party sites may contain User Agreements or Terms
and Conditions to which you are subject while using those
sites. We encourage you to become familiar with the privacy
policies of any linked site when you access that site.
Representations
As To Content
Track-iT Systems, Inc. uses reasonable efforts to ensure the accuracy,
correctness and reliability of this site’s content,
but we make no representations or warranties as to the accuracy,
reliability, completeness, or timeliness of any information
or material on the site. The use of the Web site and the
material is at your own risk. The materials on this Web
site are provided for promotional and informational purposes
only, and are not intended for any other use, nor as advertisements
or endorsements of the products or services of any party
other than Track-iT Systems, Inc.. The download speed and performance quality
of the audio and video materials available on this site
are only as good as your installed modem and existing software
permit. Changes are periodically made to the Web site and
may be made at any time.
The posting of job descriptions and informational materials
about Track-iT Systems, Inc. employment do not constitute an offer of employment.
The posting of information about investing in Track-iT Systems, Inc. does
not constitute an offer to sell or a public offering subject
to SEC regulations.
Limitations
on Track-iT Systems, Inc.'s Liability
DISCLAIMERS OF WARRANTIES: Track-iT Systems, Inc. DOES NOT WARRANT THAT
THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER
HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, Track-iT Systems, Inc. IS NOT RESPONSIBLE FOR THOSE COSTS. THE
WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Track-iT Systems, Inc., TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR
PARTICULAR PURPOSE. Track-iT Systems, Inc. MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE
REQUIRED BY APPLICABLE LAW, NEITHER Track-iT Systems, Inc. NOR ITS DIRECTORS,
EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER
REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM
THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN
IF Track-iT Systems, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY
PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE
USING THE WEB SITE.
Some U.S. states and foreign countries do not permit the
exclusion or limitation of implied warranties or liability
for certain categories of damages. Therefore, some or all
of the limitations above may not apply to you to the extent
they are prohibited or superseded by state or national provisions.
Track-iT Systems, Inc. makes no representation of any kind with respect
to the applicability and enforceability of laws or policies
of countries other than the United States over the content
of this Web site and the provisions of these Terms and Conditions.
Software
Licenses
The iMaintenance Solutions software available on the Web
site is protected by copyright and may be protected by other
rights. The use of such software is governed by the terms
of the software license agreement or designated "Legal
Notice" accompanying the software. Your downloading
and use of the software is conditioned on your agreement
to be bound by the terms of the License Agreement.
Governing
Law and Venue
This Agreement shall be interpreted, construed and governed
by the laws of the State of Washington, USA, without reference
to its laws relating to conflicts of law and not including
the provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods. Venue for
all disputes arising under this Agreement shall lie exclusively
in the Superior Courts of the State of Washington in Kitsap
County or the Federal District Courts of the Western District
of Washington (as permitted by law) and each party agrees
not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, however, Track-iT Systems, Inc. shall have
the right to commence and prosecute any legal or equitable
action or proceeding before any non-U.S. court of competent
jurisdiction to obtain injunctive or other relief in the
event that, in the opinion of Track-iT Systems, Inc., such action is necessary
or desirable.
Enforcement
Should any clause of these Terms and Conditions of Use be
found unenforceable, wherever possible this will not affect
any other clause and each will remain in full force and
effect. Track-iT Systems, Inc.’s failure to expressly enforce any
provision of these Terms and Conditions does not waive its
rights to enforce that or any other provision.
Modification
/ Integration:
We reserve the right to change these Terms and Conditions,
and other information available on this Web site, without
notice. These conditions set out the entire agreement between
Track-iT Systems, Inc. and you relating to your use of this Web site.
Web
site, text, graphics, software, underlying software code,
and selection and arrangement of non-copyrightable elements
are all © 2004 Track-iT Systems, Inc., Inc. All rights reserved.
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