READ CAREFULLY. This Terms of Use Agreement ("Terms") applies to use of the trackmyscores website located at http://www.trackmyscores.com, trackmyscores (the "Site"), and the trackmyscores electronic signature services (the "Services") provided on or through the Site or through any trackmyscores widget on a third party site ("Widgets"). The Site, the Service and all Widgets are the property of trackmyscores ("trackmyscores"). BY CREATING AN ACCOUNT AND/OR LOGGING IN, YOU (A) AGREE TO THESE TERMS OF USE, AND (B) REPRESENT AND WARRANT THAT YOU ARE AGE 18 YEARS OR OLDER. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU ARE NOT AGE 18 OR OLDER, THEN DO NOT USE THE SITE, SERVICES OR WIDGET(S). trackmyscores reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and any such modifications, trackmyscores grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to use the Site, Services and Widget(s) solely in accordance with these Terms.
1. Content; Copyright and Trademark Notice. All media, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site and within the Widgets (collectively, but not including your posted content, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to trackmyscores, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without trackmyscores's prior express written consent. Except as expressly provided herein, you are not granted any rights or licenses to any patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and trackmyscores reserves all rights not expressly granted hereunder. Use of the Site for purposes of competitive intelligence is strictly prohibited and a violation of these Terms. If you access the Site and replicate on a competitive service any of the Site's features, any portion of the Site's user interface, or any other intellectual property displayed on the Site, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by your competitive service after the date material was copied from the Site.
a. trackmyscores, and all the other marks, custom graphics, icons, logos and service names on the Site are the trademarks and service marks of trackmyscores or its licensors. The use of any such trademark or service mark without trackmyscores's express written consent is strictly prohibited.
b. I t is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, document, contract, or other content available through trackmyscores. trackmyscores generally does not pre-screen, monitor or edit the content posted by other users. However, trackmyscores and its agents have the right, at their sole discretion, to remove at any time any content that, in trackmyscores's judgment, does not comply with these Terms or is otherwise harmful, objectionable or inaccurate. trackmyscores is not responsible for any failure or delay in removing such content. trackmyscores shall have the right, but not the obligation, to monitor the content of trackmyscores, including postings and communications, to determine compliance with these Terms and any operating rules established by trackmyscores and to satisfy any law, regulation or authorized government request.
c. No part of the Site or these Terms is intended or shall be construed as legal advice. Neither trackmyscores nor any of its content providers shall be liable for any errors or omissions in the content or for any actions taken in reliance thereon.
2. Registration; Customer Accounts; Use of Site, Services and Widgets. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify trackmyscores immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by trackmyscores or any other user of the Site, Services or Widget(s) due to someone else using your password or customer account.
a. Use of Passwords. You may not use anyone else's password or customer account at any time or attempt to gain unauthorized access to the Site, Services or Widget(s). You agree to provide us with accurate, current and complete information about yourself and your billing/payment information as prompted by the registration process or any conversion and redemption process. You may update any of your account information by following the procedures set forth on the Site or Widget(s). You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, index, manipulate, test or monitor any portion of the Site, Services or Widget(s) or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or Widget(s) or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Widget(s). You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, Services or Widget(s) or any of the systems or networks comprising or connected to the Site, Services or Widget(s).
b. Termination of Access. You also agree that trackmyscores may, in its sole discretion and without prior notice to you, terminate your access to the Site, Services or Widget(s) and your account for any reason, including without limitation: (1) any attempts to overcome any software security features limiting use of or protecting any Content, (2) discontinuance or material modification of the Site or any service offered on or through the Site, Services or Widget(s), (3) any suspected or actual violation of these Terms, (4) suspected or actual copyright infringement, (5) unexpected operational difficulties, (6) inactivity for more than 12 months, or (7) requests by law enforcement or other government agencies. Without limiting any of its rights or remedies, if trackmyscores determines that you have directly or indirectly attempted or committed fraudulent activity with respect to trackmyscores, trackmyscores may immediately suspend or terminate your account and charge your credit card on file to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law. You agree that trackmyscores will not be liable to you or to any third party for termination of your account and/or access to the Site, Services or Widget(s). For purposes of clarity, upon any termination of your account for any reason, all licenses granted to you hereunder shall immediately terminate, but all other portions of these Terms shall survive such account termination.
3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, Services or Widget(s), register. As a condition of using or registering with our Site, Services or Widget(s) or using any service offered on or in connection with the Site, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy, which is incorporated herein. Our Privacy Policy will change from time to time. While trackmyscores takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. If you send forms via the Site in order to collect sensitive information, including but not limited to credit card numbers and social security numbers, or use the Site to provide such information to a document sender, you accept and agree that there are certain ways the privacy of such information could be compromised, including but not limited to unauthorized access to the completed documents sent as email attachments to all parties after document execution. IN NO EVENT SHALL RIGHTSIGNATURE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RIGHTSIGNATURE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing an account with us, you grant permission for trackmyscores to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at support@rightsignature.com or follow the opt-out procedures set forth in such marketing emails. Please note that trackmyscores will still need to communicate with you via email regarding your transactions and other account related issues, and that these emails are not marketing emails and are not eliminated through the foregoing opt-out procedures.
a. Use of Content and Communicating with other Users. By delivering to trackmyscores copies of agreements or other documents to be executed by use of the Service or other content, you are authorizing trackmyscores to imprint thereon your signature and that of other parties who provide us such authorization, and to distribute copies of the executed version of such agreement to you and such other parties. trackmyscores will not make any other use of such agreements or other documents without your prior written authorization.
b. Data Retention. All of your documents and templates are archived indefinitely while your subscription remains active and account remains in good standing. If you cancel your subscription or your account is terminated in accordance with the provisions herein, your documents and templates may be deleted or rendered not accessible via the trackmyscores web application.
5. Execution of Agreements on trackmyscores. You hereby agree to and accept the following terms and conditions regarding documents, contracts, and agreements (individually an "agreement" and collectively "agreements") executed using trackmyscores:
a. trackmyscores Not a Party; Performance by Parties. trackmyscores provides the site as a location for parties to execute agreements between or among parties other than trackmyscores. When you and any one or more other parties executes an agreement through trackmyscores, only you and those other parties have rights and duties with respect to such agreement. trackmyscores is not a party to any such agreement, and shall not have any liability or responsibility whatsoever with respect to the validity or enforceability of any such agreement, the breach by any party in the performance of its obligations under that agreement, or your failure to obtain the outcome you were seeking to achieve by entering into any such agreement. For example, if you purchase any products or services under an agreement that is executed using trackmyscores, then you must look solely to the seller for delivery of those products or services, and trackmyscores will not have any obligation to ship any product to you or perform any services that you purchase under an agreement executed on trackmyscores. The sole customer support function provided by trackmyscores is to answer questions regarding the functions of the site, and trackmyscores will not have any obligation to provide any customer support with respect to the performance by any party to any agreement executed using trackmyscores.
b. Disputes Under Agreements. If any dispute arises between or among any parties to an agreement that has been executed using trackmyscores, then trackmyscores shall not have any responsibility or liability whatsoever with respect to that dispute. Without limiting the generality of the foregoing, trackmyscores will not have any obligation to assist in mediating any such dispute, to locate any other party to the agreement, or otherwise to facilitate a resolution of the dispute.
c. By signing documents on trackmyscores, you are consenting to electronic business transactions and electronic signatures. You are not required to use trackmyscores to execute documents. To withdraw your consent to electronic transactions and electronic signatures, stop using trackmyscores and notify parties that are sending you documents via trackmyscores that you wish to sign offline. Any decision to consent or not consent to current or future transactions does not have an effect on the legality of documents previously executed on trackmyscores.
d. Disclaimer Re Legal Advice, ANY STATEMENTS MADE BY RIGHTSIGNATURE ABOUT THE VALIDITY OF ELECTRONIC CONTRACTS AND THE SIGNATURE LINES OF AGREEMENTS THAT ARE ELECTRONICALLY EXECUTED ARE GENERAL IN NATURE AND ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED, AS LEGAL ADVICE. RIGHTSIGNATURE HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT AGREEMENTS THAT ARE ELECTRONICALLY EXECUTED THROUGH RIGHTSIGNATURE ARE VALID OR ENFORCEABLE UNDER THE LAWS OF ANY PARTICULAR STATE OR OTHER JURISDICTION. IF YOU WISH TO VERIFY THE VALIDITY OR ENFORCEABILITY OF ANY AGREEMENT YOU PLAN TO EXECUTE OR HAVE EXECUTED USING RIGHTSIGNATURE, THEN YOU SHOULD CONSULT A LICENSED ATTORNEY FOR APPROPRIATE LEGAL ADVICE.
e. Taxes. You agree that you and each other party to an agreement that you execute through trackmyscores are responsible for (i) determining the amount of sales, use or other taxes that you may owe as a result of any such agreement, and (ii) collecting, reporting, and remitting any sales, use or other taxes required under applicable law. You agree that trackmyscores has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your agreements, and further agree to indemnify, defend and hold trackmyscores harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
f. Privacy. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT RIGHTSIGNATURE SHALL, AND HEREBY AUTHORIZE RIGHTSIGNATURE TO, COLLECT AND PROVIDE TO OTHER PARTIES INFORMATION THAT IS REASONABLY NECESSARY TO AUTHENTICATE YOUR IDENTITY FOR PURPOSES OF ENTERING INTO AN AGREEMENT USING RIGHTSIGNATURE, AND TO COMMUNICATE WITH YOU OR ANOTHER PARTY TO THE AGREEMENT REGARDING SUCH AGREEMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH THAT AGREEMENT. SUCH INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, YOUR NAME, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS, SYSTEM PREFERENCES, BROWSER PREFERENCES, INSTALLED PLUG-INS, LOCAL STORAGE PREFERENCES, SCREEN RESOLUTION, LOCAL TIMEZONE, BIOMETRIC SIGNATURE, FONT LISTINGS, AND USER AGENT STRING. YOU HEREBY AGREE THAT RIGHTSIGNATURE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE COLLECTION OF SUCH INFORMATION, THE DISCLOSURE OF SUCH INFORMATION TO ANY OTHER PARTY, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY ANY OTHER PARTY.
g. Release. You hereby waive and release trackmyscores and its parents, sister companies, subsidiaries, affiliates, service providers, other users, distributors, licensors, officers, directors and employees (collectively the "trackmyscores Released Parties") from all, and agree not to assert against any of the trackmyscores Released Parties any, claims, costs, damages or expenses arising from or relating to any of the matters described in the foregoing Paragraphs 5(a) through (f), including but not limited to any such claims, costs, damages or expenses arising from or relating to any dispute with one or more other parties to any agreement executed using trackmyscores. The release under this Paragraph 5(f) is intended to be a general release of all claims, including both known and unknown claims, and if you are a California resident, then you also hereby you waive any rights that you may have under California Civil Code ¤1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
6. Feedback and Publicity. You agree that feedback you provide concerning trackmyscores will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that trackmyscores may publicly post your feedback without any payment or other obligation to you. You agree that trackmyscores may edit your feedback in any way that trackmyscores sees fit and that trackmyscores may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you. You agree that any comments you make regarding trackmyscores via email to us, on our contact form, or on our forums may be used as testimonials on the site and in our advertising without any payment or other obligation to you. You grant trackmyscores the right to include you and/or the company or organization you represent, including publicly available logos or photographs, as a customer on the trackmyscores website and blog, and in email newsletters and other promotional materials. You can deny trackmyscores this right by submitting a written request via email to support@rightsignature.com, requesting to be excluded from promotional material. Confirmation of such denial (via reply email) must be received prior to subscribing to the trackmyscores service for this exclusion to be effective. Should you come to be or already be included in trackmyscores promotional material, as a result of any prior subscription where you did not request exclusion from promotional material, you can at any point in time, submit a written request via email to support@rightsignature.com to have trackmyscores remove your name from promotional material. Upon receipt of such request, trackmyscores will remove any reference to you or your company from such promotional material within 30 days and make no further reference to you or your company.
7. Indemnification for Your Breach of Terms of Use. You agree to indemnify and hold harmless trackmyscores and its parents, sister companies, subsidiaries, affiliates, service providers, other users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any claim, demand or allegation which if true would constitute your violation of these Terms, or your violation, infringement or misappropriation of any law, regulation or third-party right.
8. Disclaimer of Warranties. THE SITE, SERVICES, WIDGET(S), CONTENT, DATA, AND INFORMATION ARE PROVIDED "AS IS." RIGHTSIGNATURE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, SERVICES OR WIDGET(S), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, OR LACK OF VIRUSES.
9. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, SERVICES, WIDGET(S), THE USE OF ANY PRODUCTS AND/OR SERVICES PURCHASED FROM SELLERS, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL RIGHTSIGNATURE, ITS LICENSORS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE, OR THE USE OF OR INABILITY TO USE THE SITE, SERVICES, WIDGET(S) ANY AND ALL INTERACTIONS OR COMMUNICATIONS WITH ANY VISITOR OR END USER, OR ANY PRODUCTS, SERVICES, CONTENT PROVIDED ON OR THROUGH THE SITE, SERVICES OR WIDGET(S) WITH THE DELAY IN USE THE SITE, SERVICES OR WIDGET(S), THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ON OR OBTAINED THROUGH THE SITE, SERVICES OR WIDGET(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, SERVICES OR WIDGETS(S) WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF RIGHTSIGNATURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY THAT RIGHTSIGNATURE'S SHALL HAVE IN THE AGGREGATE IS LIMITED TO THE LESSER OF (A) THE FIRST TRANSACTIONAL AMOUNT (PURCHASE OR SALE) MADE BY YOU, OR (B) FIFTY US DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
10. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. ¤ 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), trackmyscores LLC will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to trackmyscores and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, trackmyscores will terminate the infringing customer's account. trackmyscores in its sole discretion also may terminate a customer's account privileges prior to that time when trackmyscores has conclusively confirmed that infringement has occurred. In addition, pursuant to 17 U.S.C. ¤ 512(c), trackmyscores has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. trackmyscores respects the intellectual property of others and we ask you to do the same. If you believe that your copyright has been infringed through the trackmyscores.com website, please contact "Legal Department" via mail at: Attn: Legal Department, trackmyscores
11. Miscellaneous. No delay or failure to take action under these Terms shall constitute any waiver by trackmyscores of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then the remainder of such provision and these Terms shall be enforced to that maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. trackmyscores may freely assign these Terms without consent or notice. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of trackmyscores and you and its and your respective successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You acknowledge that these Terms have been entered into, and performance under these Terms shall occur, in the City of Santa Barbara, California, and therefore hereby consent to the exclusive jurisdiction of the Superior Court in and for Santa Barbara County, the State of California, and the United States Federal District Court in and for the Central District of California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Barbara, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. These Terms constitute the complete and exclusive agreement between trackmyscores and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
