Terms of PurchaseSite Use Terms and Privacy Notices

Cloud Terms of Purchase

1. User's Acknowledgment and Acceptance of Terms 

FASTTRAK Technologies, llc (“FASTTRAK”, "Us", "We" "Our "or "Seller") provides the Cloud Products and various related services (collectively, the "Cloud Products") to you, (“User” or "Buyer"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Conditions of Sale and Terms of Purchase") hereinafter ("Agreement"), which supersedes and meets the written notice requirements of any other written agreement or verbal promises between Us and User and renders such written agreements null and void. Additionally, when using particular services or materials, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these in this Agreement. All such guidelines or rules are hereby incorporated by reference into these Terms.  

Subject to User's strict compliance to this Agreement, we grant to User, a non-assignable, nonexclusive, nontransferable and revocable license to use:  (i) The products and service features of the products (ii)  To subscribe to ADDON products and services of FASTTRAK and various 3rd party vendors.  

User shall not use the Product License granted herein in any manner other than as explicitly set forth herein. User shall not, directly or indirectly:  (i)  sell, lease, loan, rent, transfer, transmit, assign, license, sublicense, disclose to, or allow availability for any purpose, use, copy, modification, distribute copies of, display or transmit the License, and/or the  or any other  services, provided herein. However, the User may make copies of the License only to the extent necessary to use it with Users version in accordance with the limited right granted hereunder; (ii)  disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from or otherwise attempt to discover the source code of the Licensed applications, and/or any software incorporated in the System or in any other services, or attempt to reduce to human-readable form; (iii) attempt to bypass the licensed application or licenses of third party Add-on products integrated into the licensed application using bots or any robotic applications, services or techniques;  or, (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the Licensed application and/or the add-ons or in any other FASTTRAK service applications. User shall be solely responsible for the use or mis-use of the Licensed Applications and agrees to assume full responsibility for any and all actions of its  employees or agents related to the use of the Licensed Applications and the Services.  Any mis-use, as outlined above, must be reported to FASTTRAK immediately.

FASTTRAK reserves the right to review either electronically or manually, virtually or on-site, the use of Licensed Applications by User.

This Agreement does not transfer to the User any right, title or interest in or to any of FASTTRAK's intellectual property rights or those of FASTTRAK's suppliers or licensors. Certain trademarks displayed through the Licensed software, suppliers or vendors, are owned by FASTTRAK or it's suppliers or licensors or other third parties. Other than the limited license granted herein,  no other right, title or interest in or to use the License, the FASTTRAK Applications and/or FASTTRAK Cloud services is provided to User. Any rights not expressly granted herein are fully reserved by FASTTRAK and its suppliers or 3rd Party vendors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.

2. Sale and Purchase of Goods

FASTTRAK Technologies, llc ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, services of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("services") on the terms and conditions set forth in this Agreement.
 
3. Purchase Price
Buyer agrees to pay the Purchase Price of the Services as posted on the FASTTRAK Cloud website herein. Due to the purchase investments, back-end configuration and labor expended on User's behalf along with the absence of a long-term contract for services for an extended time-frame, User acknowledges at "check-out" that the Setup Fees expended for User's Microsoft Database and web services account creation are fully earned when paid. Prices are subject to change without notice.
 
4. Payment Terms
The total amount of initial setup fees and monthly services selected by Buyer constitute the total Purchase Price that is payable in full at Checkout. All setup fees are fully earned when initial products or services have been purchased including Microsoft Azure databases and services on your behalf as referenced in paragraph 3. Purchase Price. Buyer agrees to provide a 30 day notice of cancellation to allow for the billing of any usage from the previous month.  Unused billed monthly services may be refunded, if any exists, after the 30 day notice period expires. All amounts shall be refunded back to the credit card charged for the initial monthly service. All monthly invoice amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
 
5. Service Cost and Billing:
Services are billed on the 5th of each month. Recurring billing to buyer card will occur on or before the 10th day each month based on the CLOUD Services Selected as outlined in this site.
 
6. Training (Train the Trainer):
One-time setup fees includes three (3) hours training and must be scheduled and completed at a mutually agreed time within 30 days of the date of purchase or the free training will be forfeited by buyer.  After the 30 day period, training may be purchased at $ 125.00 per hour and shall be added to your account billing statement.
 
7. Acceptance:
Seller provides a Trial-Demo system using an identical production application to provide a real-time experience of the feature and functionality of the Cloud Product to prospective buyers.  Buyer herein affirms that the product trial-demo system contains the functions, features and requirements, as is, to adequately deliver the buyer's services needed to initiate and operate buyer's business. Upon acceptance, Seller will purchase a private database and services from a Microsoft Azure facility and provide access credentials to the same version of software used during the Trial Demo as well as product upgrades from time to time.  
 
8. Delivery
Unless otherwise agreed in writing, delivery of the intellectual property object code (Buyer's access credentials) shall be made in accordance with User’s email address for access privileges or Windows downloads in effect on the date of purchase. Delivery dates provided by Seller are estimates only but shall not exceed 24 hours from date of purchase. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver the accounts as estimated. Unless otherwise agreed in writing by Seller, Services shall be configured and scripted according to Seller's standards and practices.
 
9. Terms and Termination by CLIENT:
This is a monthly agreement for Services to be billed and electronically collected in recurring monthly installments based on the fees and usage identified and selected by you at website checkout.  This agreement continues indefinitely until FASTTRAK is provided 30 days notice of cancellation in writing. CLIENT shall be responsible for the balance of the remainder of any term or condition of this agreement or any provision that survives this agreement including any storage and any Invoice billing delivered during the 30-day termination period.  User may export all data from the database during the 30-day notice period.  FASTTRAK reserves the right to delete databases immediately upon client termination to mitigate its cost of purchased services when payment for services are currently unpaid, unless satisfactory payment arrangements are made, in advance.
 
10. FASTTRAK Termination:
You acknowledge and agree that FASTTRAK may suspend your service and/or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service if CLIENT’s account is more than thirty (30) days past due or if you engage in any conduct that FASTTRAK believes, in its sole discretion: (a) violates any term or provision of the Terms of Sale, (b) violates the rights of FASTTRAK or third parties, (c) or is otherwise inappropriate for continued access and use of the Service with thirty (30) days advance notice in writing. In addition, FASTTRAK reserves the right to terminate inactive membership accounts. You agree that upon termination by FASTTRAK, databases containing your content will be deleted after the Notice period expires. Suspended accounts may export data by paying any fees to the date of scheduled deletion or the export date whichever first occurs. Further, you agree that FASTTRAK shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold FASTTRAK harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these “Terms and Conditions of Sale & Purchase”, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Service.
 

11. Limited Warranty

Seller supplies as its sole warranty the following:

  • A 30 Day Trial per-purchase
  • 99% uptime of the services purchased herein
  • Training within the 30 day period based on an acceptance of mutual dates for said training
  • Lifetime email support with a current account status with FASTTRAK for the purchased services being provided
  • The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of email delivery of the product credentials.

 

12. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

 

13. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

 

14. General
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Arizona, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Arizona.

 

Rev 20170326

 

 

On-Premise Software License 

ON-PREMISE LICENSE TERMS - (Business Edition Products)

FASTTRAK Technologies, llc - By acquiring an End User License (License) to use this proprietary software product FASTTRAK Business Edition ("Software") including documentation, upgrades, modified versions, and updates of the Software Licensed to you by FASTTRAK Technologies llc dba FASTTRAK Livery Systems ("Licensor") you agree to the following terms and conditions..  

Subject to User's strict compliance to this Agreement, we grant to User, a non-assignable, nonexclusive, nontransferable and revocable license to use the products and service features of the products

1. License.  This Agreement grants you, the Licensee, based upon the product or purchase option chosen, a software license to:  (a) Single-User ñ Full Support Edition - Use the Software on a single computer, at a single location, (b) Network - Desktop SQL- Individual Edition - Use the software on one (1) workstation permitting access to the Software's Microsoft's SQL 2000 Desktop Engine database by not more than one (1) user at a single location; (c) Network - Desktop SQL ñ Standard Edition  - Use the software on not more than five (5) workstations permitting access to the Software's Microsoft's SQL 2000 Desktop Engine database by not more than five (5) users at the same time, at a single location; (d) Network - Platinum SQL ñ Server Edition - Use the software on six (6) or more licensed workstations permitting access to Microsoft's Full SQL Server database Application database by more than six (6) users at the same time, at a single location, and (e) Backup - make one copy of the Software in machine readable form only for back-up purposes provided you reproduce Licensor's copyright notice and any proprietary legends.

2.  Single-User Purchase Option.  THE SOFTWARE IS ALSO PUBLISHED IN A SINGLE USER VERSION WITH A ìPAY FOR SUPPORTî OPTION.  THIS OPTION HAS LIMITATIONS WITH RESPECT TO ADDED SERVICES AND INCREASED MAINTENANCE COSTS.  The annual license renewal fee by Licensor is fixed annually with essentially no additional front-end purchase costs. However, this option may not add Internet reservations capability, automated credit card processing, automated flight tracking, home and office capability and is subject to additional fees for support, after the initial 30-day trial period, on a call-by-call basis, which at the Licensor's option may be added to the annual renewal fees or charged at the time of service.  Support Fees shall be a minimum of Twenty-Five Dollars per thirty (30) minute telephone session (or any portion thereof) and may be increased by the Licensor from time to time without notice. This option may be discontinued at any time by the Licensor without notice.

3. Multi-Site Licensing.  FASTTRAK may at its option grant a license to use the software from multiple locations. However, technical support for the virtual private network, hardware configuration, security, routers, static IP addresses and general connection questions are the sole responsibility of Licensee and must be furnished by an outside or third party hardware technical networking specialist. 

4. Restrictions.  You may distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network provided, however, the distributed copy is an original installation package for trial use only or you have a valid registration code and both have been provided to you by Licensor.  The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.  YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

5. Ownership of Software.  As Licensee, you own the media upon which the software is recorded or fixed, but Licensor retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist.  This license is not a sale of the Software or any copy.

6. Confidentiality.  You agree to maintain the Software in confidence and to not disclose the Software to any third party without the express written consent of Licensor.  You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

7. Limited Warranty.  Licensor warrants only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you.  LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OF RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  ITEM 9. ìLIMITATION OF REMEDIES STATES THE SOLE AND EXCLUSIVE REMEDIES LICENSOR WILL PROVIDE FOR BREACH OF WARRANTY, EXCEPT FOR THE FOREGOING LIMITED WARRANTY, LICENSOR MAKES NO WARRANTIES, EXPRESS OF IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  This warranty gives you specific legal rights and you may also have other rights, which vary, from state to state.

8. Limitation of Liability.  IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTIAL OR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY.    Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

9. Limitation of Remedies.  Licensor's entire liability and your exclusive remedy shall be:  (a) the replacement of any media not meeting Licensor's limited warranty which is returned to Licensor; or (b) if Licensor is unable to deliver replacement media which is free of defects in materials or workmanship, you may, prior to obtaining the Software's annual registration code, terminate this Agreement by returning the Software and receive a full refund of any sums paid under this agreement less handling and restocking fees that may be imposed. Upon registration of the program for the initial program year, no sums paid to Licensor will be refunded to Licensee.

10. License Terms.  THE SOFTWARE LICENSE IS EFFECTIVE INDEFINITELY, UNLESS TERMINATED EARLIER BY LICENSOR FOR NON-PAYMENT OF ANNUAL MAINTENANCE AND/OR SUPPORT FEES.  You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form.  Licensor will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement including failure to pay annual renewal maintenance fees or any attempt to reverse payment for any charged products or services.  All Licensees are furnished a thirty (30) day trial period in order to evaluate the actual software before deciding to purchase.  Thereafter, all payments made shall be deemed earned and demonstrate full and complete acceptance by Licensee of the software and services purchased. Upon termination, including termination by you, you must destroy the Software (including related documentation) together with all copies or modifications in any form. Not withstanding other specific remedies included herein, failure to renew or purchase the software at the date specified in the software will incur additional late fees of ten dollars ($10.00) per day in the event that subsequent registration may be attempted thru either the FASTTRAK Offices or the On-line MyFASTTRAK Payment Center.

11. Technical Support - Terms and Restrictions.  Software technical support via telephone or email is offered from 8AM to 8PM Monday thru Friday, Arizona Time. Support may be obtained at times other than the above mentioned times with prior scheduling. All software re-installs or network installs must be scheduled in advance with the support center in order to receive technical support. It is recommended that hardware support contracts be arranged thru in-house or third party support specialist to ensure uninterrupted operations as approximately 99% of all support calls to-date are hardware and network related or involve environmental, memory or virus related matters. Support items NOT COVERED under this agreement and for which technical support fees will be assessed are as follows: (1) Server re-installations, after the initial trial installation; (2) Recurring re-installation of workstations due to Licensee lack of due care; (3) Technical assistance with 3rd party software not covered by this agreement; (4) Questions or technical assistance with individual or network hardware components i.e. Routers, hubs, cabling, network settings, computers, computer accessories, monitors, modems, printers and 3rd party software setup; (5) Training and re-training of staff members after the initial thirty (30) day evaluation period or re-training due to staff turnover. Technical support and training will be billed at an initial rate of One Hundred Twenty Five Dollars ($125.00) per hour.  

12. MyFASTTRAK On-line Processing Center.  All initial purchases and renewals shall be made through the on-line processing center and Licensee herein agrees to be bound by the terms of the Cardholder agreement governing the use of the Credit Card used to purchase products herein.  Clients not electing to take advantage of the sites discounted pricing for automated renewal may elect to mail or electronic wire or draft payment for initial or annual services but must first obtain a revised estimate of the actual full retail cost of manual processing for the selected transactions and such payment for services shall be received fifteen (15) days prior to the scheduled renewal or expiration date.

 

13. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

 

14. General
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Arizona, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Arizona.

 

Rev 2090105

 

Site Terms and Conditions of Use

1. User's Acknowledgment and Acceptance of Terms

FASTTRAK Technologies, llc ("Us" or "We") provides the www.FASTTRAKCloud.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of February 15, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not limited to, FASTTRAK Technologies, llc is a leading Industry supplier of Logistics Management Software for Private Ground Transportation Markets serving Livery, Limousine, Van, Bus & Min-Bus , Companies; Hotel, Resort and Casino Transportation departments and has joined with thousands of other companies using the Microsoft® Cloud Computing services "Global Online" or "GO" Cloud offerings and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information

Copyright (c) February 15, 2015 FASTTRAK Technologies, llc All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of FASTTRAK Technologies, llc and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of FASTTRAK Technologies, llc or its Affiliates: FASTTRAK - Drives Business to your door - Operate On-Premise or On-line, Anyplace at Anytime . All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of FASTTRAK Technologies, llc or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of FASTTRAK Technologies, llc or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Eddie A. McCoy CPA, President/Owner
Address: 4123 Venetia Way, Palm Beach Gardens, FL 33418
Phone: 800-533-6440

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FASTTRAK Technologies, llc spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

12. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

14. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the Phoenix, Arizona 85022, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Phoenix, Arizona 85022, by accessing this site both of us agree that the statutes and laws of the State of Phoenix, Arizona 85022, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Phoenix, Arizona 85022 with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at the website email address herein, if by email, or at FASTTRAK Technologies, llc, 4123 Venetia Way, Palm Beach Gardens, Florida 33418 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by FASTTRAK Technologies, llc, 4123 Venetia Way, Palm Beach Gardens, Florida 33418. Our telephone number is 800-533-6440. If you notice that any user is violating these Terms of Use, please contact us.

 

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Privacy Policy

At FASTTRAK, we dedicate ourselves to revolutionizing the way Limousine, Sedan, Van and Mini-bus businesses manage their passenger and financial activity. To that end, we respect and protect the privacy of those who use our products. We want you to know how your information is being used. To demonstrate our commitment to fair information practices, we have adopted leading industry privacy guidelines. This privacy statement defines privacy aspects specific to the FASTTRAK software products and services.

Because of the financial nature of our business, our products are not designed to appeal to children under the age of 13. Therefore, we don't knowingly attempt to solicit or receive any information from children.

Our Philosophy and Practices
We want to give you comfort and confidence you need to fully utilize our products and services. Therefore, the following are the principles governing our information practices and other aspects of privacy.

We provide you notice of our information practices
To maximize the value of our products and services, we may request information from you when you register and use the product. When we collect information from you, we will tell you what is being collected, how it is collected, by whom it is being collected, why it is being collected and to whom it may be disclosed.

Here is how and why we collect and use information from you:

Registering your product
During the trial-demo registration process to setup your account, we request your name, location, e-mail address, username, password and company name and current software, if any. We use this information to notify you about your trial-demo and upcoming product upgrades and about special offers available to registered FASTTRAK users.

FASTTRAK will not share the personally identifiable information you provide. We may share company name information with other FASTTRAK users, after you have purchased the software, who may need it to make reservations or generally do business with you. You may notify us that you do not wish to have your company name, telephone and email or eAffiliate links listed among other client users.

Other Information/Policy Changes
In some cases, we will employ temporary workers or third party software developers to complete a business process or provide a service; examples include outside contracted sales personnel, contracted desktop & web developers. When we employ these agents or offer their services to our customers, we may need to share your personally identifiable information. These agents cannot use your personally identifiable information for purposes other than to offer or complete the service we are outsourcing. Finally, personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition of all or a portion of a business unit of FASTTRAK.

We also reserve the right to contact customers in response to customer requests and orders, to inform them of specific changes that may impact their ability to use a service or for other critical non-marketing purposes, regardless of the customer's contact preferences.

We let you update the personally identifiable information that you provide to us. We provide you the opportunity to update or correct the registration information you provide to us by signing in using the FASTTRAK account login above.

We work to protect personally identifiable information from loss, misuse and unauthorized alteration.

We employ industry recognized security safeguards to help us protect the personally identifiable information you have provided to us from loss, misuse and unauthorized alteration. Whenever we prompt you to transmit sensitive information, said data is always encrypted and transmitted via secure port communication We provide various ways for you to contact us about our information practices and other aspects of privacy If you have any questions about the FASTTRAK privacy statement, our information practices or other aspects of privacy, please contact via this website email address or write to us at FASTTRAK Technologies llc, 4123 Venetia Way, Palm Beach Gardens, FL 33418.

 

Rev 20141101