Trixie Tracker Terms and Conditions of Service

1. Acceptance of Terms

This Internet Web site (the "Trixie Tracker Site") is owned and operated by Trixie Telemetry, LLC ("Trixie Telemetry"). In order for you to make use of the Trixie Tracker Site, it is required that you agree to all of the terms and conditions of this Agreement, which may be updated by Trixie Telemetry from time to time without notice to you by posting revised Terms on our website. This Agreement states the terms and conditions under which Trixie Telemetry content, software and any other material are provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Trixie Tracker Site, which are incorporated herein by this reference. Any modifications or enhancements to the Trixie Tracker Site shall be governed by the terms and conditions of this Agreement. Your use of the Trixie Tracker Site constitutes your binding acceptance of these terms, including any modifications that we may make. If you do not agree with these terms, please immediately discontinue your use of the Trixie Tracker Site.

2. Users

2.1 Registered Users

Each registration is for a single user only. You may designate access and use privileges related to your information posted on the Trixie Tracker Site. In particular, you may authorize viewing of your posted information through the use of a guest password or you may designate that the information be accessible by the public without requiring a password.

In consideration of your use of the Trixie Tracker Site and the services contained therein, you agree to provide accurate, current and complete information about yourself as requested on the Trixie Tracker Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 13 years of age or older, you are a human (accounts registered by "bots" and other automated methods are not permitted), and you have legal authority to enter into this Agreement. In addition, if you enter any information on the site, you represent and warrant that you are the parent or legal guardian of the individual subject of the data or that you are otherwise authorized by the parent or legal guardian to enter such data.

Any changes to your registration information should be made on the Trixie Tracker Site. If you provide information that is untrue, inaccurate, not current or incomplete, Trixie Telemetry may suspend or terminate your account, and refuse any and all current or future use of the Trixie Tracker Site and the services provided.

2.2 Guest Users

If you are not a registered user and are viewing the Content (as defined below) or data included on the Trixie Tracker Site, you acknowledge and agree that you will abide by all of the terms and conditions of the Agreement. You also represent that you are authorized to access the applicable pages of the Trixie Tracker Site, either as a guest of a registered user or as a viewer of a publicly available page.

3. Trixie Telemetry Security and Privacy Statement

Registration and other information about you are subject to Trixie Telemetry's privacy policy and shall only be used in accordance with that policy. For more information, please go to the Trixie Telemetry Privacy Policy.

4. Member Account, Password and Security

When you register on the Trixie Tracker Site, you will create a password for your use of the Trixie Tracker Site and the services offered therein. You may also create a guest password. You will be responsible for all uses of your password(s) and account and for the use made by any third party to whom you have authorized to access your data. It is solely your responsibility to monitor third party use of your website by your authorized users. You will immediately notify Trixie Telemetry of any unauthorized use of your passwords. Trixie Telemetry cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Your Use of the Trixie Tracker Site

You are solely responsible for all data, information and other materials (the "Messages") that you upload, post, e-mail or otherwise transmit ("Transmit") to the Trixie Tracker Site, including information posted by others who have accounts under your account.

If at any time a Trixie Tracker Site usage exceeds normal bandwidth usage (as solely determined by Trixie Telemetry), Trixie Telemetry may terminate your right to use and access the Trixie Tracker Site and may disable the portion of the Trixie Tracker Site hosting your information in order to limit bandwidth consumption.

You further agree that you will not:

  1. Use the Site in any unlawful manner or Transmit any Content or Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortuous, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable;
  2. Use the Site to harm minors in any way;
  3. Transmit any Messages:
    1. that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information;
    2. that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party;
    3. that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or
    4. that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
  4. Forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the Trixie Tracker Site;
  5. Interfere with the Trixie Tracker Site or servers or networks connected to the Trixie Tracker Site;
  6. Interfere with the ability of others to use the Trixie Tracker Site;
  7. Reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Trixie Tracker Site or any Messages contained therein;
  8. Conduct your business on the Trixie Tracker Site or any web sites, with respect to Trixie Telemetry, in a way that is unfair, unlawful, or constitutes a deceptive business practice;
  9. Otherwise use the Trixie Tracker Site in connection with violation of any law or contract. You acknowledge and agree that Trixie Telemetry may disclose or use any Messages that you Transmit for the purposes of
    1. enforcing the terms and conditions of this Agreement;
    2. complying with any laws, regulations or rules of any federal, state or local government or agency;
    3. responding to claims that any Messages violate the rights of third parties; or
    4. protecting the rights or property of Trixie Telemetry, its customers and the public. With respect to Messages that you Transmit to public areas (such as, but not limited to, support blogs, support forums and email support) of the Trixie Tracker Site, you grant Trixie Telemetry a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Messages.

6. Maintenance of the Trixie Tracker Site

You agree and acknowledge that Trixie Telemetry may modify, limit, suspend or discontinue, temporarily or permanently, the Trixie Tracker Site or any part of the Trixie Tracker Site at any time, without notice or liability to you. Trixie Telemetry may also, from time to time, establish general rules and policies regarding use of the Trixie Tracker Site. Trixie Telemetry will post such rules and policies on the Trixie Tracker Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Trixie Tracker Site. Trixie Telemetry shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.

7. Linked Sites

You acknowledge and agree that Trixie Telemetry is not responsible for the content of any third-party pages or any other sites linked to the Trixie Tracker Site, and makes no representations or warranties with respect to these linked sites.

8. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Indemnification

You agree to hold harmless and indemnify Trixie Telemetry, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Trixie Tracker Site, any Messages that you Transmit to or through the Trixie Tracker Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Trixie Tracker Site.

10. Trixie Tracker Site Content

The Trixie Tracker Site and all material on the Trixie Tracker Site (the "Content") contained therein, including, without limitation, all text, graphics, and other works on the Trixie Tracker Site, the Trixie Tracker Site's design and coding, all computer programs used and licensed in connection with the Trixie Tracker Site, the look and feel of the Trixie Tracker Site, and all data (other than data entered into the Trixie Tracker Site by its registered users) and reports generated by the Trixie Tracker Site are owned by Trixie Telemetry and its licensors. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Trixie Tracker Site, entering data or generating data through the Trixie Tracker Site or otherwise as expressly authorized by Trixie Telemetry or the owner of the Content in question, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Trixie Tracker Site, without the prior written consent of Trixie Telemetry. Other than expressly authorized by Trixie Telemetry, you may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Trixie Tracker Site or any Content therein. Trixie Telemetry grants you a personal, non-transferable, nonexclusive license to use the Trixie Tracker Site and the Content displayed therein (to the extent you are authorized to access such Content), provided that you comply with these Terms and Conditions and any other rules regarding such use.

11. Payment

Price and availability of the Trixie Tracker Site are subject to change without notice. All payments (including any applicable taxes) must be made by credit card in United States dollars. If Trixie Telemetry (or its designated agent) does not receive payment authorization from the User's credit card clearing service, Trixie Telemetry may immediately suspend the Trixie Tracker Site. The registering User is responsible for the payment of all charges associated with the Trixie Tracker Site subscription, and for submitting accurate credit card account information on the Trixie Tracker Site therefore.

Site subscriptions are one-time charges, billed in advance and have a fixed expiration date. In addition, if Trixie Tracker provides data storage following the expiration of a site subscription, Trixie Tracker may charge a fee for this service in accordance with the terms set forth under www.trixietracker.com/pricing. No refunds shall be made to the User's account, including credits for partial months of service or refunds for unused months. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the User shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. The expiration of a Site's subscription may cause the loss of Content, Materials, features or capacity of the Site and Trixie Telemetry does not accept any liability for such loss.

12. User Data and Access

When you enter data into the Trixie Tracker Site, you create electronic files, which are stored on the Trixie Tracker Site servers. Trixie Telemetry shall, for so long as your account remains active, retain these files for your ongoing use.

Notwithstanding the above, Trixie Telemetry retains the right (but not the obligation) to delete the above-referenced electronic files upon the termination of your account, without prior notification to you via e-mail or other means. Trixie Telemetry may, at its option, continue to make the data available solely for your review and editing, but specifically not for the purpose of creating or adding any additional records.

13. Termination

You are solely responsible for properly canceling your account using the tools provided on the "My Account" page. You acknowledge and agree that Trixie Telemetry may terminate your account or use of the Trixie Tracker Site for any reason, including, without limitation, for your violation of the terms and conditions of this Agreement or your lack of use of the Trixie Tracker Site. You agree that Trixie Telemetry may terminate your access to and use of the Trixie Tracker Site without prior notice and without any liability to you or any third party.

14. Disclaimers and Limitation of Liability

  1. You assume total responsibility and risk for your use of the Trixie Tracker Site.
  2. Trixie Telemetry is providing the Trixie Tracker Site and its contents, including access to your data, on an "as-is," "as-available" basis.
  3. Trixie Telemetry does not represent or warrant that the information accessible via the Trixie Tracker Site is accurate, complete or current or will meet your requirements or expectations.
  4. Trixie Telemetry does not warrant that the Trixie Tracker Site will operate in an uninterrupted, secure or error-free manner.
  5. You acknowledge and agree that the Trixie Tracker Site is not intended as a substitute for parental monitoring. You are responsible for any decisions regarding the care of your child and you should not make any child care decisions based solely on the information included on the Trixie Tracker Site. The Trixie Tracker Site is provided solely as a convenience item for record keeping purposes and should not be relied on as the sole means or method for monitoring your child's activities or personal habits.
  6. Trixie Telemetry disclaims all representations or warranties of any kind to the extent that they may be excluded by law with respect to the Trixie Tracker Site or the content contained therein, including, but not limited to warranties of merchantability and fitness for a particular purpose or non-infringement.
  7. Any material downloaded or otherwise obtained through use of the Trixie Tracker Site is done at your own risk, and you will be solely responsible for any damage done to your computer or loss of data that results from such activity.
  8. Trixie Telemetry and third parties who contribute to the Trixie Tracker Site, and their respective directors, officers, employees and other representatives, are not responsible for any direct, indirect, punitive, economic, incidental, special or consequential damages, loss of goodwill or lost profits you might incur arising out of or in any connection with your use of or inability to use the Trixie Tracker Site, the Trixie Tracker Site content, including without limitation any and all liability arising out for breach of contract, breach of warranty, negligence, product liability, and any other statutory contract, tort and/or other liability, even if Trixie Telemetry has been advised of the possibility of damages.
  9. If you live in a jurisdiction whose laws prevent you from taking full responsibility and risk for your use of the Trixie Tracker Site in accordance with these terms, Trixie Telemetry's liability is limited to the greatest extent allowed by the law of that jurisdiction.

15. Proper Law and Jurisdiction

The Trixie Tracker Site is controlled and managed from the Trixie Telemetry offices in Chapel Hill, North Carolina. All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of North Carolina, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Raleigh, North Carolina, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the Trixie Tracker Site, or by any other means deemed reasonable by Trixie Telemetry.

16. Notice

Notices to you may be made via either e-mail or regular mail. Trixie Telemetry may also provide notices of changes in the terms and conditions of this Agreement or other matters by displaying notices or links to notices to you generally on the Trixie Tracker Site.

All notices, demands, or consents given under this Agreement from you will be in writing and will be deemed given when delivered to Trixie Telemetry by an email with the subject heading "CONTRACT NOTICE" which is sent to info@trixietracker.com.

17. Violations

Please report any violations of the terms and conditions of this Agreement to Trixie Telemetry.

18. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement.

If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.

Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.

No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Trixie Tracker Site. Trixie Telemetry's decision not to enforce a particular provision of this Agreement does not mean that Trixie Telemetry waives the right to enforce it. Trixie Telemetry shall waive such a right only in writing.

Last Updated: April 19, 2006