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TRACKANYTHING TERMS AND CONDITIONS

Terms of Use

Track Anything site is for use by licensed enterprise customers of Vijay Software only. Organizations wishing to use Track Anything site, as a shared resource for a trial period must be registered with Vijay Software as a trial user. Please contact Vijay Software for any additional information on becoming an Enterprise Customer or a Trial User.

Framing Track Anything Site
Framing of all or any portion of the content on Track Anything site is expressly prohibited without written consent from Vijay Software. Any site found to be framing Track Anything site without such consent would be subject to legal action by Vijay Software.

1. GENERAL

1 (a). User Agreement to Terms and Conditions: The services offered on or accessible through Track Anything web site or provided by Vijay Software are made available to an Enterprise Customer or a Trial User (hereinafter "you" or "Subscriber") subject to the following Terms and Conditions. By using the Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions.

1 (b). Changes to Terms and Conditions: Vijay Software may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.

2 (a). User Name and Password: As part of the registration process, Subscriber will be issued a User Name and Password by Vijay Software. You have to give us certain registration information, all of which must be accurate and updated. You may not (i) use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that Vijay Software, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.

2 (b). Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Vijay Software's sole discretion. You shall notify Vijay Software of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

3 (a). Payments: Subscriber shall pay all fees incurred through Subscriber's account at the rates in effect for the billing period in which such fees are incurred. All fees and charges shall be billed to and paid for by you.

3 (b). Valid Credit Card: Subscriber agrees to use a valid, authorized credit card issued to Subscriber (or Subscriber's paying organization) for all fees associated with Subscriber's account, and to provide Vijay Software updated credit card information as required.

3 (c). Non-Payment: Vijay Software reserves the right to cancel Subscriber's account if it cannot receive payment or if payment information is fraudulent.

3 (d). Cancellations: No requests for cancellation/refund of annual subscriptions will be accepted.

2. ACCOUNT REGISTRATIONS, SECURITY AND USE

3. SUBSCRIPTION FEES AND PAYMENTS
(Does not apply to 30 Day Trial Users)

4. CHANGES IN SERVICES AND SUBSCRIPTION FEES

4 (a). Changes in Service: Vijay Software may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Vijay Software may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4 (b). Price Changes: Vijay Software reserves the right to change Subscription Fees upon reasonable notice; however, Vijay Software will not change a Subscription Fee during the term of a paid subscription.
4 (c). Notice: Vijay Software will post notice of changes on the Site. Vijay Software also reserves the right to notify its users of such changes at the email address we have on file.

5. REPRESENTATIONS AND WARRANTIES

5 (a). Subscriber Representations: Subscriber or you hereby indemnify, defend and hold harmless Vijay Software from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you or any user of your account of this Agreement.

5 (b). Subscriber's Own Risk: Vijay Software does not represent or endorse the accuracy or reliability of information displayed, uploaded, or distributed through Track Anything Web Site by any user. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

6. PRIVACY

We hold our users and your privacy concerns in the highest regard. The personally identifiable information we collect about you is stored in limited access servers. We will use commercially reasonable efforts to maintain safeguards to protect the security of these servers and your personal information.

7. DISCLAIMER

Vijay Software disclaims any and all responsibility for any harm resulting from downloading or accessing any information or material through the Service.

Vijay Software makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing.

8. LIMITATION OF LIABILITY

8 (a). Use and Content: UNDER NO CIRCUMSTANCES SHALL VIJAY SOFTWARE BE LIABLE TO ANY USER OF THE TRACK ANYTHING SITE (A "USER") ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES.

8 (b). Service Issues: Under no circumstances shall Vijay Software be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its sole control. Vijay Software shall not be liable to Subscriber or any of its customers for any claims or damages which may be suffered by Subscriber or its customers, including, but not limited to, losses or damages of any and every nature, resulting from loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by fault or negligence of Vijay Software. Subscriber agrees to indemnify and hold harmless Vijay Software from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from usage by Customer.

9. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of Vijay Software, Vijay Software reserves the right to pursue any and all equitable remedies against you, including, without limitation, terminating any and all user accounts on Track Anything site.


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