The website located at uniform resource locator [www.treker.org] (the “Website”), and its related websites, services and applications (collectively the “Service”), is provided by Treker, LLC (“Treker,” “we,” “our,” or “us”) to the person accessing the Service (“you,” or “your”).
1.You Agree to These Terms by Using the Service
PLEASE READ THESE TERMS OF USE CAREFULLY. Your access to, and use of, the Service is subject to the following Terms of Use and all applicable laws and regulations. By accessing or using the Service, you accept, without limitation or qualification, these Terms of Use. Treker may, at any time and without notice, modify these Terms of Use by updating them on the Website. Your continued use of the Service constitutes your acceptance of any such revisions. You should therefore periodically visit the Website to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Treker.
If any of our services or applications expressly set forth in writing separate or additional terms of service or other policy (“Separate Terms”), then those Separate Terms, as modified from time to time, shall apply in connection with your use of that Treker service or application. To the extent there is a direct conflict between such Separate Terms and these Terms of Use, the Separate Terms shall govern.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you may not access or use the Service.
2. Account
Some of our services permit or require you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree to notify us promptly at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Service.
3. Availability of the Service
We reserve the right to modify, update or discontinue the Service, in our sole discretion, at any time and for any or no reason, without notice or liability. You acknowledge that we have no obligation to continue to improve, maintain or support the Service.
4. Permitted Use of the Service
The information, data and materials on the Service are provided for informational purposes. You may use the Service solely for your own personal purposes, as authorized and intended by Treker. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content or data on the Service for any other purpose. You may not access or attempt to access any information on the Service that you are not authorized to obtain through your own account. You may not impersonate any individual or entity or misrepresent your identity or affiliation with any individual or entity, including using another person’s name, username, password or other account information.
5. User Submitted Content
The Service may, from time to time offer interactive features that allow users to submit content to the Service. Treker does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Service, Treker is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Treker reserves the right to block or remove communications or materials that it determines to be unacceptable to Treker in its sole discretion.
Harassment in any manner or form on the Service, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the Service any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
6. Termination
We may cancel your access to the Service or terminate these Terms of Use, at any time and for any or no reason, without notice or liability, except that we will refund the applicable portion of any prepaid fees for such post-termination period. You may terminate these Terms of Use at any time by closing your account. Upon any termination of these Terms of Use, you shall immediately cease any access to or use of the Service, and we may continue to display content that you have submitted to the Service in connection with other users’ use of the Service.
Any provisions of these Terms of Use, which by their nature are intended to survive, including any accrued payment obligations, shall survive any termination of these Terms of Use. Termination of these Terms of Use shall not limit us from pursuing any remedies available to us, including injunctive relief.
7. Notice; Electronic Communications
When you use the Service or send e-mails to Treker, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Privacy
Treker’s Privacy Policy can be found at [www.treker.org/privacy-policy/] and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Service by e-mail, account registration or otherwise will be used by Treker in accordance with the Privacy Policy. Any other communication or material you transmit to the Service, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
9. Disclaimer of Warranty
THE SERVICE and any related content, DATA, materials, SERVICES or products are provided “as is.” To the fullest extent permissible pursuant to applicable law, TREKER HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Treker does not represent or warrant that the functions contained in the Service will be uninterrupted or error-free, that the defects will be corrected, or that the Service or the server that makes the Service available are free of viruses or other harmful components. Treker does not make any warranties or representations regarding the use of the materials in the Service in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Treker does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Treker, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
11. Limitations of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER TREKER, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR ITS CONTENT, IS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on liabilities, so the above limitations may not apply to you.
12. Third-Party Links
In an attempt to provide increased value to our users, Treker may link to sites or applications operated by third parties. However, even if the third party is affiliated with Treker, Treker has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Treker. Treker does not endorse the content, or any products or services available, on such sites or applications. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Treker specifically disclaims any responsibility if such sites or applications: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
13. Intellectual Property
Copyright © 2015, Treker, LLC. ALL RIGHTS RESERVED.
All content, and the compilation of all content, included on the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Treker or its content suppliers and protected by United States and international copyright, trademark and other laws. All software used on the Service is the property of Treker or its software suppliers and protected by United States and international copyright, trademark and other laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Service.
14. Copyright Complaints
Treker respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Treker infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include 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 work claimed to have been infringed, or, if multiple copyrighted works at a single website 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, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- 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.
All notices described above should be sent to Treker’s Designated Agent (by email, fax, or mail) at: [email protected].
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. Export Control
Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
Treker does not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States Export Control Laws.
16. Law and Jurisdiction
These Terms of Use and your use of the Service are governed by the laws of the State of Delaware, without regard to its choice of law provisions. The courts of general jurisdiction located within Wilmington, Delaware, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Service or in which these Terms of Use and/or the Service are a material fact.
17. Assignment
Treker may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
18. Questions and feedback
We welcome your questions, comments, and concerns about the Service. Please send us any and all feedback pertaining to the Service to [email protected].