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 published materials, YouTube videos etc., 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 misuse 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 misuse, 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 its 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 publicly published Prices for initial Services and Add-ons, if any, as posted on the FASTTRAK Cloud website herein. Due to outlays expended on your behalf, User acknowledges that the initial Setup Fees charged and subsequently allocated in purchased internet service fees and configuration labor expended on your behalf, are FULLY EARNED and NON-REFUNDABLE when paid at "check-out". Setup and other related fees for services 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 initial Purchase Price that is payable in full at Checkout. All Monthly Service amounts will be billed in accordance with Paragraph 5 below. 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 service fees shall be refunded, if any exists, after the 30 day notice period expires. Any additional add-on service fee amounts, if any, shall be refunded back to the credit card charged exclusive of the above the non-refundable Setup Fee. 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. Monthly Service Cost and Billing:
Services are billed on the on or before the 3rd day of each month for the preceding month's service. Recurring billing to buyer's credit card is the only accepted method of payment of monthly invoices and will occur on or about 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.
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. Buyer acknowledges that the internet cable or Wifi speeds for the Ultimate Windows Cloud are recommended to be 50/50 up and down and should be at lease 20/40 up and down. Satellite internet is not supported. 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.
Unless otherwise agreed in writing, delivery of the intellectual property object code along with buyer's login credentials shall be made to the Buyer's email address used at Checkout and shall be evidence of product delivery to Buyer. Delivery dates provided by Seller are estimates only but shall not exceed 48 hours from date of purchase. Seller will make reasonable efforts to meet or exceed the deliver requirements; However, Seller will not be liable for failure to deliver the product outside 48 hours from sign-up. Unless otherwise agreed in writing by Seller, Buyer is solely responsible for providing any data to be imported in a form consistent with Seller's import .csv file templates furnished to Buyer. Seller accepts no responsibility for the quality of the data provided by Buyer and will use its best efforts to import client/customer, driver, vehicle and venue data for Buyer. Data which cannot be imported are encrypted or unmasked credit card numbers and Buyer's customer orders that were previously created and tied to former accounts. Buyer acknowledges that failure to supply importable data to Seller shall not affect the Delivery provisions herein. Seller agrees that all purchased Services shall be configured and scripted according to Seller's data standards as well as Internet and Windows best 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 products and 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.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys 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..
14. 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.
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.
1. User's Acknowledgment and Acceptance of Terms
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).
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.
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 anothers 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.
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 elses 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.
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 "Users 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.
7. Unauthorized Use of Materials
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
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.
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.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys 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 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
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.
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
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.
20. Contact Information