SITE USE AGREEMENT
Acceptance of Agreement
BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, TRACKING ACTION, LLC (“TRACKINGACTION.COM”) AND CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE A CUSTOMER ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS OF THIS AGREEMENT GOVERNING THE USE OF TRACKINGACTION.COM’S ON-LINE SERVICE. THE TERM “YOU” OR “CUSTOMER” ARE INTERCHANGEABLE AND REFER TO: (1) THE COMPANY, ITS OWNER(S), SOLE PROPRIETOR, PARTNER(S), OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND/OR USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF NON-LEGAL BUSINESS ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICE.
As part of the Service, Trackingaction.com will provide Customer with use of the Service, including a browser interface and data encryption, transmission, access and storage. Customer’s registration for, or use of, the Service shall be deemed to be Customer’s agreement to abide by this Agreement including any materials available on the Trackingaction.com website incorporated by reference herein, including but not limited to the Privacy Statement. See the “Definitions” portion of this agreement at the end hereof for the definitions of certain capitalized terms as used periodically herein.
Trackingaction.com’s online planning system includes a 30 day trial whereby all fees for the service are waived. This trial is applicable to the Individual, Customer, or Company, and the authorized Users thereof. So a Customer (or Company) is free to add as many Users in their initial 30 days of use without providing any credit card information. At the end of the initial 30 day trial period the Customer will be asked to continue their Service Agreement and provide payment information. The end of the initial trial period will commence on the Effective Date which is the start date of the first subscription or billing period occurring immediately after the end of the 30 day initial free trial period. No charges will be incurred by the Customer prior to their Effective Date.
Charges and Payment of Fees
Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Trackingaction.com reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to Customer; the notice may be provided by e-mail. Trackingaction.com does not refund fees for termination of Service. Customers terminating the agreement will retain use of the Service through their pre-paid Service period, but Customers are not refunded for immediate termination of the agreement.
Billing and Renewal
Trackingaction.com charges and collects in advance for use of the Service. Trackingaction.com will automatically renew and bill Customer’s credit card or issue an invoice to Customer every month for the monthly subscription or every year for the annual subscription. The renewal charge will be equal to the then applicable subscription fee in effect at the time of renewal, for the following one month service period. The Service period is the new one month period from the time of renewal. The subscription fee for the renewal Service period will equal the sum of basic user and premium user fees for the new one month Service period. At the time of addition, any new basic or premium users added will be charged a pro-rata rate for the remaining time in the billing period.
Trackingaction.com’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Trackingaction.com’s income.
Customer agrees to provide Trackingaction.com with complete and accurate billing and contact information. This information includes Customer’s legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. Customer agrees to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, Trackingaction.com reserves the right to terminate Customer’s access to the Service in addition to any other legal remedies available to it.
All Customers will pay online via a credit card transaction on a monthly basis. Trackingaction.com will allow for other means of payment for Customers with significant Users and/or Customers that are implementing the program across their entire organization. Trackingaction.com will at their own discretion determine if a Customer is able to bill by any other means than via an online credit card transaction.
For credit card payers, at the start of a subscription or billing period the Customer’s credit card will be charged. If paying by other means, invoices will be generated at the start of a subscription or billing period and shall be due within 30 days. Customer’s account will be considered delinquent (in arrears) if payment in full is not received by the Service period or billing period start date; unless Trackingaction.com in its discretion determines otherwise. Entities will be billed in U.S. dollars.
If the Customer believes that the bill or charge is incorrect, the Customer must contact us in writing within 60 days to be eligible to receive an adjustment or credit.
Non-Payment and Suspension
In addition to any other rights granted to Trackingaction.com herein or legal remedies available to it, Trackingaction.com reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if Customer’s account becomes thirty (30) days or more delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Customer will continue to be charged for User licenses during any period of suspension. If Customer or Trackingaction.com initiates termination of this Agreement, Customer will be obligated to pay the balance due on Customer’s account computed in accordance with the Charges and Payment of Fees section above. Customer agrees that Trackingaction.com may charge such unpaid fees to Customer’s credit card or otherwise bill Customer for such unpaid fees.
Trackingaction.com grants Customer a non-exclusive, non-transferable worldwide right to use the Service, solely for Customer’s own internal business purposes subject to the terms of this Agreement. Subject to the terms of this Agreement, Customer grants to Trackingaction.com the non-exclusive, worldwide, right to use, copy, store, transmit and display Customer Data solely to the extent necessary to provide the Service as requested by the Customer. Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content, (ii) modify or make derivative works based upon the Trackingaction.com Technology or Content; (iii) commercially exploit the Service or the Content in any way, or (iv) create Internet “links” to the Service or “frame” or “mirror” any Content contained in, or accessible from, the Service on any other server, wireless or Internet-based device. Trackingaction.com shall not use the Customer Data for any purpose other than to provide the Service to Customer. All rights not expressly granted to the Customer are reserved by Trackingaction.com and its licensors.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You agree not to reverse engineer the Service, or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party. You shall not create Internet “links” to the Service or “frame” or “mirror” any Content contained on, or accessible from, the Service on any other server or Internet-based device. You are advised to consult with your broker or other financial representative to verify pricing information prior to the execution of any security trade based upon the Content. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with Customer or otherwise changed job status or function and no longer require access to the Service.
Privacy & Security Policy
Our privacy philosophy at Trackingaction.com is simple – we don’t share your data. We will never sell, rent or share your personal information with any third parties. Our focus is to keep offering you outstanding value so that you continue to use our services. We believe you should be able to share and collaborate on our platform in a secure, hosted, online environment.
What information do we collect?
We collect information from you when you register on our site, place an order, respond to a survey, fill out a form and we store the information entered into our software for you, but it remains your private information.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our public site anonymously.
Trackingaction.com may also collect and analyze certain visitor’s and user’s information regarding the use of Trackingaction.com’s services and Trackingaction.com site activity. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc. This information is logged to help diagnose technical problems, administer the site, and improve the quality and types of service delivered. We reserve the right to identify plan subscribers to our system for marketing purposes and may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and customers to third parties in order to demonstrate the value we deliver to users. We must comply with laws applicable in rare circumstances requiring disclosure of data to law enforcement authorities or third parties.
Other than as disclosed in this policy, Trackingaction.com will not sell, rent, or share any user data with third parties in personally identifiable form without your express permission.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To provide our strategic planning service. In the operation of the Trackingaction.com service, we collect and store user information that is the raw data input into the strategic plan, and also certain user information as part of the construction of applications on the Service. All user information contained within the applications you may use or build on the Trackingaction.com platform will remain your property. Trackingaction.com will continue to make that data available to you on the Trackingaction.com platform as long as you are an active client, and make that data available to you upon the termination of your relationship with Trackingaction.com according to the terms and conditions of the this Agreement.
- To personalize your experience: Your information helps us to better respond to your individual needs.
- To improve our website: We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
- To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails: The email address you provide may be used to send you information and updates pertaining to your order, in addition to strategy guides, receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
- We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
- We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Yes, cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information such as user identification and password information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
If at some point Trackingaction.com sells all or a portion of its assets, or merges with another entity, user information is an asset that may be transferred or acquired by a third party. We will notify all affected users of any such transaction and, consistent with our privacy promises, users will have the opportunity to retrieve their user information and cease usage of the Trackingaction.com service. After such a transaction, the third party that becomes the custodian of the user information would have the right to continue using the user information solely as set forth in this policy.
Third party links
Strategic plans are inherently collaborative documents, and will inevitably contain links to multiple third party sites on the Internet, including many that have different privacy and security policies and practices than Trackingaction.com. Trackingaction.com makes no representations or warranties about the policies and practices of sites that are linked to by Trackingaction.com or its users. These third party sites have separate and independent privacy policies. We urge you to consult the policies available on those sites to further understand your rights. Trackingaction.com will never sell, rent or share your personal information with any third parties without your express permission. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Accessing, Correcting and Revising Registration and Contact Information
If you need to update or change your registration information, you may do so by editing your account on the Trackingaction.com website. To update your record, log on to the Trackingaction.com system and select Account. There you can edit your information.
If you choose to cancel your account and leave the Trackingaction.com service, please be aware that Trackingaction.com may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. Customers control their plans and have the ability to cancel at any time. To cancel your plan, log on to the Trackingaction.com system and select Account.
Account Information and Data
All data submitted by the Customer to the Service, whether posted by Customer or by third parties, shall remain the sole property of Customer or such third parties, as applicable, unless specifically notified in advance. The Customer, not Trackingaction.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data, and Trackingaction.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Trackingaction.com will not make available to Customer a file of the Customer Data, but will retain Customer data through the website which will be available through your pre-paid Service period. You will be able to regain access to Customer data by reinstating your account through a new fee paid for a new Service Period. Trackingaction.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation to, Customer’s non-payment. Upon termination for any breach, including, without limitation to, Customer’s non-payment, Customer’s right to access or use Customer Data immediately ceases, and Trackingaction.com shall have no obligation to maintain or forward any Customer Data.
Changes to our Privacy and Security Policy
Trackingaction.com has the right to modify its Privacy and Security Policy at any time at its sole discretion. However, before we decide to change such policies, we will post changes on this page, and/or update the Privacy and Security Policy modification date below. This policy was last updated on November 15, 2012
This Agreement commences on the Effective Date. For all Customers paying online via credit card the first term of this Agreement will be one month, commencing on the date the Customer agrees to pay for the Service by accepting the terms of this agreement. This Agreement will automatically renew, for a term equal in duration to the first term, upon the expiration of the first term or any renewal term. Either party may terminate this Agreement effective upon the expiration of the then current term, by notifying the other party in writing at least five (3) business days prior to the close of the current term.
Trackingaction.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Trackingaction.com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, Trackingaction.com Technology or Intellectual Property owned by Trackingaction.com to Customer. The Trackingaction.com name, the Trackingaction.com logo, and the product names associated with the Service are trademarks of Trackingaction.com or third parties, and no right or license is granted to use them.
Representation & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Trackingaction.com represents and warrants that it will provide the Service in a manner consistent with general industry standards and under normal use and circumstances will perform consistently. Customer represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that Customer’s billing information is correct.
Customer shall indemnify and hold Trackingaction.com’s, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that any Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by Customer or Users of its representations and warranties; or (iii) a claim arising from the breach by Customer or Users of this Agreement, provided in any such case that Trackingaction.com (i) gives written notice of the claim promptly to Customer (ii) gives Customer sole control of the defense and settlement of the claim (provided that Customer may not settle or defend any claim unless it unconditionally releases Trackingaction.com of all liability and such settlement does not affect Trackingaction.com’s business or Service); (iii) provides to Customer all available information and assistance as is reasonably required; and (iv) has not compromised or settled such claim.
Trackingaction.com shall indemnify and hold Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of byTrackingaction.com of its representations or warranties herein; or (iii) a claim arising from breach of this Agreement by Trackingaction.com; provided that Customer (i) promptly gives written notice of the claim to Trackingaction.com’s; (ii) gives Trackingaction.com sole control of the defense and settlement of the claim (provided that Trackingaction.com may not settle or defend any claim unless it unconditionally releases Customer of all liability); (iii) provides to Trackingaction.com all available information and assistance as is reasonably required; and (iv) has not compromised or settled such claim.
Trackingaction.com shall have no indemnification obligation, and Customer shall indemnify Trackingaction.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of Customer’s products, service, hardware or business process(s); provided that each party to this Agreement provides to the other, as the circumstances dictate, notice to the other of such a claim. Additionally, Customer agrees to take sole control of the defense and settlement of such claim, provided that Customer may not settle or defend any such claim unless it unconditionally releases Trackingaction.com of all liability and such settlement does not affect Trackingaction.com’s business or Service. Trackingaction.com agrees to provide to Customer all available information and assistance as may reasonably be required in such action and agrees not to compromise or settle such claim on behalf of Customer.
Disclaimer of Warranties
TRACKINGACTION.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT; TRACKINGACTION.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TRACKINGACTION.COM AND ITS LICENSORS.
TRACKINGACTION.COM’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TRACKINGACTION.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Customer in those states and/or jurisdictions.
With respect to all Customers, this Agreement shall be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Minnesota. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Customer and Trackingaction.com as a result of this agreement or use of the Service. The failure of Trackingaction.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trackingaction.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between Customer and Trackingaction.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means this online services agreement, and any Order Forms, whether written or submitted online via Trackingaction.com, and any materials available on the Trackingaction.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Trackingaction.com from time to time in its sole discretion; “Content” means the audio and visual information, documents, software, products and services contained or made available to Customer in the course of using the Service; “Customer, You or Customer’s” means the individual or legal entity, its directors, officers, affiliates agents, employees, and Users, as identified in the registration and identification data provided to Trackingaction.com via this web site; Customers must be of legal working age; “Customer Data” means any data, information or material provided or submitted by Customer to Trackingaction.com in the course of utilizing the Service; “Effective Date” means the date the Customer begins paying for the Service which occurs immediately after the Initial Trial Period; “Initial Trial Period” is the 30 day period beginning with the Customers first use of the Service and will include no charges for the Service. “Intellectual Property Rights” refers to rights that trackingaction.com has in property that is primarily knowledge based and includes data and information as may be contained or described in documents of a legal or general nature whether in printed or digital form and that are the property of trackingaction.com and/or as is contained in the knowledge base of employees or agents of trackingaction.com . Such Intellectual Property Rights include, but are not limited to, rights in the following: unpatented inventions, patent applications, patents, product designs, copyrights, trademarks, service marks, trade names, domain names, mask works, software, any and all business information deemed confidential by trackingaction.com, employee or agent know-how, and any derivatives of the foregoing . “License Administrator(s)” means those Users designated by Customer who are authorized to purchase licenses online using the Trackingaction.com website; “License Term(s)” means the period(s), excluding the Initial Trial Period, during which a specified number of Users are licensed to use the Service; “Order Form(s)” means the initial subscription for the Service and any subsequent order forms submitted online, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties and each such Order Form shall be incorporated into and become a part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail; “Service(s)” means the specific edition of Trackingaction.com’s online strategic planning tools identified during the ordering process, developed, operated, and maintained by Trackingaction.com accessible via http://www.trackingaction.com or another designated web site or IP address or ancillary services rendered to Customer by Tracking Action, LLC, to which the Customer is being granted access under this Agreement; “System Administrator(s)” means those Users designated by Customer who are authorized to create User accounts and otherwise administer Customer’s use of the Service; “Trackingaction.com” means Tracking Action, LLC a Minnesota corporation, having its principal place of business at 1 SE Main St. Suite 206; Minneapolis, MN 55414; “Trackingaction.com Technology” means all of Trackingaction.com’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by Trackingaction.com in providing the Service; “User(s)” means employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by the Customer (or by Trackingaction.com at Customer’s request).
Questions or Additional Information:
If you have any questions regarding this agreement you may contact us using the information below.
1 SE Main St. Suite 206
Minneapolis, MN 55414
United States of America