These terms of service for the TrackNGrow 30-Day Trial & subsequent usage of service (the “Service Agreement”) constitute a legal agreement between TrackNGrow, US & India, and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that the foregoing may have now or in the future operate (“Service Provider”).
As used in this Agreement, the word “Client” refers to the entity authorized by Service Provider to use the Service Agreement and, along with Service Provider, is the party agreeing to this Agreement. The term “Site” includes www.TrackNGrow.com and all websites operated by the Service Provider in connection with the Service Agreement, pages within each such website, any equivalent, mirror, replacement, substitute or backup website and pages that are associated with each such website. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. This Agreement applies to the Site and the Service Agreement offered via the Site (together with the Site, the “Service”).
1. OBJECT OF THIS AGREEMENT
1.1 The object of this Agreement is to set forth the terms under which Service Provider agrees to allow Client access to the Service during a 30-day trial period & subsequent usage of service commencing on the date that Client signs up for the Service Agreement (such period, the “Trial Term”) in relation to the property owned or operated by Client that was identified by Client when registering for the Service Agreement (“Property”).
1.2 By using or accessing any part of the Service, Client is agreeing to this Agreement and all other policies or notices posted by Service Provider in connection with the Service. Depending on Client’s activities when using the Service, Client may be required to agree to additional terms and conditions as indicated via the particular portion of the Service. It is Client’s responsibility to review this Agreement from time to time for any changes. If Client uses the Service after Service Provider has changed any of the terms of this Agreement, Client is agreeing to all of the changes.
1.3 Access to the Service will be made by online connection. For that purpose, Service Provider will provide Client with a strictly confidential access code for its exclusive use. Client shall adopt all measures necessary to keep this code confidential, and Service Provider will not be liable for any consequences caused by the use of the access code by unauthorized persons or instrumentalities. Client may disclose the code only to its employees who have a need to use the Service for the benefit of Client and who agree to be bound by this Agreement. Such users have no right to use the Service for any purpose other than for the benefit of Client and only in accordance with this Agreement.
1.4 Service Provider reserves the right to amend its programs, as well as the system for supplying data and the technical characteristics for accessing the Service, at any time, without notice to Client.
2. THE SERVICE
2.1 Features fo TrackNGrow Service Agreement
Collection and Aggregation of reviews and ratings from various sources
Collection and Aggregation of other information from the Internet and various other sources
Reporting, keyword searched and trending of aggregated reviews
Sentiment Analysis of reviews
3. OBLIGATIONS OF CLIENT
3.1 Client agrees to use the Service in compliance with this Agreement, all applicable laws and the terms and conditions of use of the same, solely and exclusively for the purpose of obtaining such information on its Property in any way allowed by the various applications of the Service.
3.2 Under no circumstances may Client use the Service to the detriment of any rights or interests of third parties or of Service Provider or for performing activities that are unlawful or contrary to public policy.
3.3 Client may not reproduce, copy, transform, amend or supplement the information contained on the Service through any process, either partially or in full.
3.4 Client undertakes not to directly or indirectly provide third parties with the information obtained through the Service, nor publish, communicate or disclose such information.
3.5 Service Provider reserves the right to control access to the Service by Client in order to prevent or terminate any undesired or fraudulent use, including the right to withdraw or suspend access to the same should any undue or inappropriate use of the Service be detected, or upon any use which may be contrary to this Agreement or applicable law, or in the event there is an infringement of any rights in the system or its contents.
3.6 Client has no right to use the Service after the Trial Term or after earlier termination of this Agreement.
4. SERVICE PROVIDER LIABILITY IN RELATION TO SERVICE CONTENT
4.1 All opinions and comments compiled by Service Provider and displayed via the Service are obtained through automated means from the Internet. Therefore, except to the extent otherwise provided by law in any applicable jurisdiction, Service Provider is not liable for such content or for any possible errors or omissions in the information made available to Client through the Service. In particular, Service Provider does not warrant or guarantee that Service Provider has compiled all comments or opinions existing on the Internet. Without limiting the foregoing, Client acknowledges that there may exist certain web sites which prevent the capturing of comments existing on such sites, or which in the future may terminate access to their comments and opinions. Service Provider also disclaims any warranty or guarantee regarding the source of any comments or opinions made available through the Service.
4.2 The capturing of comments and opinions regarding the Property will generally be updated automatically every forty-eight (48) hours, to be added to the information already available via the Service; provided, however, that Service Provider has no obligation to ensure such updates occur.
4.3 Service Provider does not guarantee the private nature or security of the use of the Service or guarantee against unauthorized third parties from possibly becoming aware of the characteristics and/or circumstances of the use Client might make of the Service.
5. CONTINUITY OF THE SERVICE
Access and use of the Service may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Service Provider, in its sole discretion, may elect to take. In no event will Service Provider be liable to any party for any loss, cost, or damage that results from any period of downtime of the Service.
6. TERM AND TERMINATION
6.1 This Agreement shall remain in effect for the Trial Term only, unless earlier terminated as set forth herein.
6.2 Service Provider may terminate or revise this Agreement for any reason and at any time with or without notice.
6.3 Service Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. Client agrees that Service Provider shall not be liable to Client or to any third party for any modification, suspensions, or discontinuance of the Service.
6.4 The provisions and all obligations of and restrictions on Client and any user of Client’s account with respect to the Service shall survive any termination of this Agreement.
6.5 Service Provider, in its sole and absolute discretion, may terminate Client’s account (or any part thereof) or Client’s use of the Service, for any reason, including if Service Provider believes that Client has violated or acted inconsistently with the letter or spirit of this Agreement or other terms applicable to the Service. Client agrees that any termination of access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Service Provider may immediately deactivate or delete Client’s account and all related information and files in Client’s account and/or prohibit any further access to the Service by Client. Further, Client agrees that Service Provider shall not be liable to Client or any third party for any termination of Client’s access to the Service.
7. PRICE AND METHOD OF PAYMENT
Service Provider waives the cost of the Service for Client during the Trial Term.
The Client agrees to pay the rates published on the TRACKNGROW website as of the date on which the 30-Day Trial period ends.
Upon conlusion of the Trial period, Client can pay using one of the payment channels available on the TRACKNGROW website.
8. INTELLECTUAL PROPERTY
8.1 Client acknowledges and agrees that Service Provider and its suppliers retain exclusive ownership of all intellectual property rights in and to the Service, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof. All rights are hereby reserved. Without limiting the foregoing, no Content may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Service Provider or the appropriate licensor or supplier.
8.2 None of the clauses contained in this Agreement will be interpreted as an assignment, license or any other type of transfer of any intellectual property right belonging to Service Provider or its suppliers.
8.3 Notwithstanding Client’s right to access to the Service in accordance with the terms of this Agreement, Client will hold no rights in respect of the intellectual property belonging to Service Provider.
8.4 Any feedback, questions, suggestions, or the like that Client sends to Service Provider will be treated as being non-confidential and nonproprietary, and Service Provider will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
8.5 All non-Service Provider product and service marks contained on or associated with the Service are the trademarks of their respective owners. References to any names, marks, products, or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Service Provider’s endorsement, sponsorship or recommendation of the third party, information, product or service.
9. ACCURACY OF INFORMATION ON THE SITE
Although Service Provider seeks to provide accurate and updated information on this Site, we cannot assure that such is the case. We make no representations about the accuracy, reliability, completeness, or timeliness of the Contents of the Site and provide no warranties, express or implied, for the content or accuracy of information of the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of the Contents contained herein. Should you have any questions about the Contents of the Site, send a message via e-mail to the email address on the TrackNGrow website.
10. DATA PROTECTION
10.1 Service Provider will handle Client’s data in accordance with the requirements of all applicable laws and regulations. Without limiting the foregoing, Service Provider’s storage, transmission and use of Client’s data of a personal nature will comply with the privacy laws and data protection laws of all applicable jurisdictions. Any notices or instructions to Service Provider regarding access, termination of access or correction of any Client data should be delivered in writing to the address mentioned in our "Contact Us" page.
10.2 Service Provider may send Client, through any means, advertising for products or promotions Service Provider deems to be of interest to Client and/or advertising for any activities performed by Service Provider or third-party companies. Client may revoke its consent to data handling for advertising or promotional purposes at any time by providing written notice of revocation to Service Provider as provided above.
10.3 If, in the provision of the services governed by this Agreement, Service Provider should access any data of a personal nature for which Client is responsible, Service Provider undertakes to access and handle such data in accordance with the lawful instructions given to Service Provider by Client from time to time. Service Provider furthermore undertakes not to apply or use data of a personal nature for any purpose other than that set forth in this Agreement or as permitted by applicable law, without Client’s written consent. Service Provider will implement all safety measures of a technical and organizational nature reasonably necessary for the security of the data at the security level corresponding to the nature of such data, pursuant to the requirements of applicable law.
Client agrees to defend, indemnify, and hold harmless Service Provider from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to Client’s breach of this Agreement or any activity by Client in relation to the Service or Client’s use thereof.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
12.1 THE SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY REGARDING THE OPERATION OF THE SERVICE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SERVICE OR THE SERVICE’S MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT EXPRESSLY AGREES THAT CLIENT’S USE OF THE SERVICE IS AT CLIENT’S SOLE RISK.
12.2 SERVICE PROVIDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF BUGS, DEFECTS, OR ERRORS, OR 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. Client acknowledges and agrees that Service Provider will have no liability for any damage or loss which might be caused by such bugs, defects, errors, viruses or other unwanted elements.
12.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO CLIENT 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 CLIENT MAY INCUR IN CONNECTION WITH THE SERVICE, CLIENT’S USE THEREOF, OR ANY OF CLIENT’S SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SERVICE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM CLIENT’S ACCESS TO OR USE OF THE SERVICE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER’S LIABILITY TO CLIENT FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$100.00 (ONE HUNDRED UNITED STATES DOLLARS).
12.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS AGREEMENT MAY NOT APPLY TO CLIENT.
13. NO UNLAWFUL OR PROHIBITED USE
13.1 As a condition of Client’s use of the Service, Client represents and warrants to Service Provider that Client will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Client may not use the Service in any manner that could damage, disable, overburden, or impair the Service. Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Client agrees not to access the Service by any means other than through the interface that is provided by Service Provider for use in accessing the Service.
13.2 If Service Provider, in its sole discretion, believes that Client may have engaged in any activities restricted by this Agreement or by law, Service Provider may take various actions to protect Service Provider, other users, and other third parties from fees, fines, penalties, and any other liability. The actions Service Provider may take include the following:
Service Provider may close, suspend, or limit Client’s access to Client’s account or ability to use the Service;
Service Provider may update inaccurate information Client provided Service Provider;
Service Provider may refuse to allow Client to use the Service in the future;
Service Provider may take legal action against Client; and
Client may be liable to Service Provider for the amount of Service Provider’s damages caused by Client’s violation of this Agreement.
14.1 This Agreement constitutes a full agreement between the parties in relation to its object and supersedes any other agreement, undertaking, discussion or negotiation, written or oral, which might have taken place previously between the Parties regarding the same object. No amendment of this Agreement is effective unless in writing and signed by both parties. Client may not assign any rights or delegate any obligations under this Agreement without Service Provider’s prior written consent. Any attempted assignment or delegation in violation of the preceding sentence will be null and void. Service Provider may assign its rights or delegate its obligations under this Agreement without Client’s prior written consent.
14.2 Should any clause of this Agreement for any reason be declared invalid, unlawful or inapplicable by a court or competent authority in relation to either of the Parties to this Agreement, such clause will be validly amended in order for it to be as close as possible to the intent of the Parties.
14.3 The rights and obligations of the parties under this Agreement are governed by the internal laws of the State of California, excluding any rules regarding conflicts of laws or other provisions of such laws that would result in the application of the laws of any other jurisdiction.
14.4 In the event of any dispute or controversy which may arise in relation to this Agreement, both Parties expressly submit themselves to the jurisdiction and competence of the state and federal courts located within Salt Lake City, USA or Bhubaneswar, India (for Indian clients), expressly waiving any objection to such courts, including that they constitute an inconvenient forum or do not have jurisdiction over a party hereto.