Please review the following terms and conditions for accessing TrackBook (“TB”) website and services. Your use of our services constitutes an agreement to these terms and you represent you have the authority to register according to these terms.

Privacy Policy

Please review our complete privacy policy here.

Copyright

All content included on the TB services, such as text, graphics, logos, button icons, images, audio clips and software, is the property of TB, its content suppliers, or partners and is protected by U.S. and international copyright laws. All software used on the TB services is the property of TB or its software suppliers and protected by U.S. and international copyright laws.

Refunds

TB will provide a refund for the cost of the subscription if you are not satisfied with our services. The refund may be pro-rated per month of use.  For example, if you paid $12/yr for the service, and request a refund after 2 months of use, your refund may be pro-rated to $10. At TB sole discretion we will provide a full refund of the entire subscription cost. Charges will appear on your credit card or bank statement as “TrackBook.us“.

User Submissions & Use of Services

In consideration of being allowed to use our services, you agree:

1. Not to use the TB services to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
2. Not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TB.
3. Not to use an inappropriate sign-in name of any kind.

Such actions shall constitute a material breach of these terms and conditions. TB reserves the right to delete any content, postings or sign-in names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violation. In such cases you may be banned from further use of TB services and may have your subscription cancelled without refund of any kind.

Limitation of Liability

We expressly disclaim any warranty that the use of the TB website or services will be uninterrupted or error free or that the specifications will meet your requirements. Your use of the Service is provided on an “AS-IS” basis without warranties of any kind, either express or implied.

In no event shall TB be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever for any act or omission not amounting to a willful or intentional wrong.

Indemnity

You agree to defend, indemnify and hold harmless TB and its officers and employees from any claim, demand, loss, liability or expense (including reasonable legal fees), relating to or arising out of your use of TB, any of its websites, any products purchased off of TB services, your violation of these terms and conditions, or the infringement by you of any intellectual property or other right of any person or entity.

Term

You are not required to use the TB service at any time. TB reserves the right to terminate your account immediately and without notice upon any breach by you of these Terms and Conditions or upon your demonstration of conduct that TB determines to be inappropriate.

Arbitration

If an irresolvable dispute arises between you and TB regarding any matter under these terms and conditions, you agree to submit the matter to binding arbitration before a single arbitrator from the American Arbitration Association under California Code of Civil Procedures 1283.05. The arbitration, including the rendering of an award, shall take place in a location as chosen by TB. A judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party is entitled to recover the arbiter’s fees.

Assignment

TB may assign its rights and obligations under these terms and conditions and upon such assignment TB may be relieved of any further obligation here-under.