Terms of Service

 

 

 

 

 

 

 

 

 

 

 

CTG GLOBAL LIMITED

Terms of Service

BY CLICKING “ACCEPT DELIVERY” OR BY USING THE SITE OR THE SERVICES GENERALLY, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL CONTENT WHICH YOU SEND OR RECEIVE VIA THE CONFITRACK SITE AND/OR SERVICES MAY BE DELIVERED, SECURED, ACCESSED,AND/OR TRACKED BY CONFITRACK, AND YOU HEREBY GRANT CONFITRACK AND ITS AFFILIATES UNCONDITIONAL PERMISSION TO DELIVER. SECURE, TRACK AND/OR ACCESS THE CONTENT IN ACCORDANCE WITH CONFITRACK’S TERMS OF USE BELOW AND CONFITRACK’S PRIVACY POLICY [http://www.confitrack.com/index.php/privacy] INCORPORATED BY REFERENCE.    

IF YOU DO NOT HAVE APPROPRIATE AUTHORITY TO ACCESS THE CONTENT, TO USE CONFITRACK’S SERVICES, OR TO ACT ON BEHALF OF THE ENTITY YOU PURPORT TO REPRESSENT, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR DO NOT INTEND TO GRANT PERMISSION TO CONFITRACK TO DELIVER, SECURE, TRACK AND/OR ACCESS THE CONTENT, THEN YOU SHOULD NOT CLICK “ACCEPT DELIVERY” AND YOU MAY NOT SEND, RECEIVE, DISTRIBUTE, OPEN OR OTHERWISE ACCESS THE CONTENT OR USE CONFITRACK’S SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE FORBIDDEN FROM ACCESSING OR USING THE SITE AND/OR THE SERVICES.

Scope of Use
The www.confitrack.com website (the “Site”) is provided by CTG Group Limited (“ConfiTrack”) for you (collectively with your associated or related persons, entities, affiliates, including without limitation any party controlling, controlled by or under common control with you, “You”), subject to these Terms of Service (“T&Cs”) and any other agreement(s) or contract(s) between You and ConfiTrack (each an “Agreement”). If You have contracted with ConfiTrack to use enhanced services such as ConfiTrack’s “own server” or “private label” solutions, You may be subject to additional terms and conditions. If You violate these T&Cs, any Agreement or ConfiTrack’s Privacy Policy ConfiTrack may, in its sole discretion, suspend, terminate or restrict Your use of the Site and/or ConfiTrack’s eShipping and eTracking software as a service (the “Services”). Your use of the Site and/or the Services, whether as a sender or recipient of any information, including but not limited to, data, text, software, music, sound, photographs, graphics, video, messages, data or audio files or other materials (collectively, in any format, “Content”), constitutes Your acceptance of, and Your agreement to comply with and abide by, these T&Cs.

You agree to become a User of ConfiTrack and be bound by the ConfiTrack Privacy Policy whenever You click the “Accept” button on a delivery of Content to You from ConfiTrack or another ConfiTrack User.

You agree that ConfiTrack may use Your name or other personally identifying information, including without limitation, the name of Your employer or any affiliated business entity, any professional or business credentials or affiliations, for the purpose of identifying You as a User of the ConfiTrack Services in ConfiTrack promotional material for the purpose of demonstrating the identity of its clients. As a corporate User, or a User with a high-profile or name recognition, You agree that ConfiTrack is permitted to showcase Your stamp with Your logo, name or other identity on its website or other medium or print for the purpose of identifying ConfiTrack Users and marketing the ConfiTrack name, brand and Services.

As a User of the ConfiTrack Services without compensation to ConfiTrack, You agree to participate in anonymous surveys and answer questions of a non-personal nature which are designed to elicit in an anonymous format, Your habits, characteristics, life stage, age, attributes, preferences, other information and/or Your opinions on a variety of topics. You agree that ConfiTrack may use Your answers to such anonymous surveys or questions for its own purposes, with no consequences or obligations to You.

As a User of the ConfiTrack Services without compensation to ConfiTrack, You also permit ConfiTrack to disclose Your email address to corporate sponsors of the ConfiTrack Service. This disclosure may expose You to advertisements from such ConfiTrack corporate sponsors independent and separate from the Confitrack Services.

This Agreement constitutes a binding legal contract between you and ConfiTrack. Your failure to follow these rules, whether listed below or communicated on or through the Site, or the Services, may result in suspension or termination of Your access and/or use of the Site, or the Services without notice, in addition to ConfiTrack’s other remedies.

Ownership and Proprietary Rights
The Site and Services contain proprietary and confidential information that is owned solely and exclusively by ConfiTrack, its affiliates or third-party licensors and protected by local, state, federal and international intellectual property laws and treaties. You will not take any action to jeopardize, limit or interfere with ConfiTrack’s, its affiliates’ or third-party licensors’ intellectual property rights in the Site and/or Services in any manner or to any extent.

You may not in any manner or to any extent alter, modify, reformat, display, transmit, publish, license, create derivative works from, reverse engineer, reproduce, duplicate, copy, transfer, distribute, disseminate, sell, resell or otherwise exploit for any purposes, whether commercial or otherwise any of ConfiTrack’s software, source codes, algorithms, trade name, trademarks, logo, information, software, documents, graphics, products or services obtained or derived from or made available or accessible through Your use of the Services or the Site.

The Content and compilation of Content included on the Site, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the sole and exclusive property of ConfiTrack, its affiliates or licensors and are protected by United States and international copyright and all other relevant intellectual property laws. Such copyright or otherwise protected Content cannot be copied, reproduced, re-designed or used in any manner or to any extent by You without ConfiTrack’s express written permission. The Site and the Services, (including without limitation the underlying algorithms, source codes), the ConfiTrack name, logo and related marks, contain registered and unregistered trademarks, trade names and other marks, designs and logos owned by ConfiTrack, and are protected by copyright and trademark laws of the United States, European Union countries, and/or other countries. You acknowledge and agree that ConfiTrack owns all rights, title and interest in and to the Services and the Site, including, without limitation, all intellectual property rights therein and thereto. Your use of the Site and/or the Services shall not grant You any legal, beneficial, or economic rights, title or interest in or with respect to any intellectual property, trademark, tradename, etc. owned or licensed by ConfiTrack; nor shall Your use be construed as granting, by implication, estoppel or otherwise, any license to use any intellectual property owned by ConfiTrack without ConfiTrack’s express written permission. All rights not expressly granted herein are reserved.

ConfiTrack’s, or its affiliates’ or third-party licensors’ trademarks, logos, tradenames, trade dress etc. may not be used in connection with any product or service that is not ConfiTrack’s, or its affiliates’ or third-party licensors’, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ConfiTrack or the Services, the Site or products. All other trademarks not owned by ConfiTrack or any of its related companies or third-party licensors that appear on this Site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of ConfiTrack’s or its affiliates’ or third-party licensors’ intellectual property (in whole or part) or that is confusingly similar thereto.

You acknowledge and agree that any recipient of a ConfiTrack Virtual Envelope from You or Your Account automatically becomes a User of the Services without Your consent or approval.   Accordingly, You agree that any and all email addresses, mobile phone numbers and any other information which You use in order to utilize the Services, and any and all new recipients’ data, including email addresses and mobile phone numbers which are acquired by You (without regard to the status of these existing or new recipients (e.g. employees, customers or clients of Your business)) through Your use of the Services become jointly owned with ConfiTrack at no cost or expense to ConfiTrack. You agree that ConfiTrack is free to utilize Your recipients’ email addresses, mobile phone numbers or other information disclosed through Your use of the Services to market the ConfiTrack name, brand and/or Services. You agree that ConfiTrack is not obligated, liable or required to pay or compensate You in any manner or to any extent, now or in the future, for the joint ownership or commercialization of existing and newly acquired email addresses, mobile phone numbers or other similar data.

Fees; Payment Obligations
You can pay for the Services using ConfiTrack Stamps. You can purchase ConfiTrack Stamps using any payment method made available to You by ConfiTrack from time to time. The ConfiTrack Stamps You purchase will be credited to Your User Account at the time of purchase.

You agree to timely pay all fees due and owing ConfiTrack for Services purchased. Except as otherwise specified herein (i) fees shall be paid in the same currency in which such fees are quoted, (ii) fees are based on Services purchased and not actual usage, (iii) payment obligations are non-cancelable and fees paid are non-refundable, and (iv) the number of ConfiTrack “Stamps” purchased cannot be decreased during the relevant subscription term for any reason. In the event You fail to timely pay for any Services, ConfiTrack reserves the right to decline to provide You access to the Site and/or Services, deny You continued access to the Site and/or Services, and/or forward Your account to a credit and collection agency. If Your account is forwarded to a credit and collection agency, You will be responsible for all amounts due and owing for the Services, as well as for any and all costs and fees associated with any collection actions undertaken by or on behalf of ConfiTrack, including without limitation any and all reasonable attorney fees, professional fees, and all costs associated therewith.

You will provide ConfiTrack with valid and updated information regarding your credit card or debit card, or with a valid purchase order or alternative document, or with valid and updated information regarding any other payment method acceptable to ConfiTrack. If You provide ConfiTrack with credit card, debit card or other payment information, You authorize ConfiTrack to charge your applicable card or account for all Services purchased. You are responsible for maintaining complete and accurate billing and contact information associated with Your account with ConfiTrack.

Unless otherwise stated, ConfiTrack’s fees and charges do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases of the Services.

ConfiTrack may change the charges payable for the purchase of such Services at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the Services. The new charges will apply to Your next purchase after the new charges have been published.

From time to time, ConfiTrack may offer Services for free for a trial period. ConfiTrack reserves the right to charge You for such Services at the normal rate in the event that ConfiTrack determines (in its reasonable discretion) that You are abusing the terms of the offer, including if You are using any service, proxy or other devices or anonymous IP address that prevents ConfiTrack from locating or identifying You.

Using the Services or Products on mobile applications will use some of the data allowance available on the data package to which You have subscribed with Your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by Your mobile network operator. We are not responsible for any roaming or other charges.

YOUR OBLIGATIONS OF USE
Prior to Your first use of the Services, You will be asked to create a User Account and choose a user ID and password.

You agree to provide true, accurate, current and complete information about You in connection with Your use of the Site and/or the Services. In the event that You provide any information which is untrue, inaccurate, not current or incomplete, or if ConfiTrack has reasonable grounds to suspect that any information You provide is untrue, inaccurate, not current or incomplete, ConfiTrack has the right to immediately suspend, terminate or restrict Your use of the Site or the Services.

You may only use the Services through Your User Account. You are solely responsible and liable for all activities conducted through Your User Account and for all Users of Your User Account. To prevent unauthorized use, You shall keep Your password confidential and shall not share it with any third party or use it to access third party websites or services. If You suspect that someone else knows Your password, then You shall immediately change it in order to protect the security of Your User Account. It is your responsibility to ensure that You do not respond to any unsolicited requests for credit card details, passwords or other data. ConfiTrack takes no responsibility for Your failure to comply with the obligations in this paragraph.

You are solely responsible for any and all Content e-shipped and/or e-tracked from or through the use of Your User Account. You understand and agree that ConfiTrack is not responsible in any manner or to any extent for any activity or submissions of Content e-shipped or e-Tracked by You.

Lawful Use: You must use the Services and Site in accordance with all of the laws, regulations, and/or rules of where You are located. In some countries there are restrictions on the download and use of the Services and/or Site. ConfiTrack makes no representations that the materials on the Site and/or the Content or the Services are appropriate, available or legal in any particular location. You agree that You utilize the Site and/or the Services on Your own initiative and at Your own risk. It is solely Your responsibility to ensure that You are legally allowed to use the Services and/or Site where You are located, and to comply with all applicable laws within the jurisdiction of Your use.

You agree to comply with all applicable local, state, national and international laws, rules and regulations, and all Internet regulations, policies and procedures, including all export and other laws regarding the uploading, posting, emailing or other transmission of Content exported from any country via the Services. You understand that all Content, whether publicly posted or privately transmitted via the Site and/or the Services, is Your sole responsibility or that of the party from whom such Content originated. This means that You, and not ConfiTrack, are entirely responsible for all Content that You upload, post, email or otherwise transmit or receive via the Site or through the Services. You represent and warrant that You have the requisite legal rights to and ownership of any information, data, or any Content of any nature which You upload, post, email or otherwise transmit, and that such uploading, posting, emailing or other transmission will not violate any law or the rights of any other person. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services. Accordingly, You agree that You will be solely responsible for all activities that occur under Your account. You agree that ConfiTrack has no responsibility or obligation to You for any reason or to any extent other than to deliver the Services pursuant to these T&Cs. You agree that ConfiTrack is not responsible for and makes no representations or warranties concerning the accuracy of any Content sent or received, and/or the privacy or confidentiality if the Services are not utilized or utilized improperly in any manner or to any extent. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify ConfiTrack immediately at admin@rainydayprojects.com.

Fair Usage Policy: ConfiTrack does not impose fixed limits on the amount or size of Content You eship, eTrack and store as a User. ConfiTrack does not charge You for Bandwidth used or the data base You generate using the Service. ConfiTrack charges You for e-shipping and e-Tracking Content based on the size of the Content.

ConfiTrack cannot allow the actions of a few users to negatively influence the Service performance for the majority. Some types of activities are obviously violations such as the sending, tracking and/or storing illegal Content using the Service and ConfiTrack retains the right to shut down Your use of the Service for these purposes. However, some other activities can cause performance issues. These activities are difficult to summarize in a policy but are usually caused by a combination of items such as file types used, applications running, storage capacities, geographic locations, etc. As such, ConfiTrack retains the right to intervene in order to uphold the overall ConfiTrack high-quality user experience.

ConfiTrack may invoke a Fair Use Policy, and limit or halt the Services with respect to any event in which ConfiTrack reasonably believes Your usage of the Services overtaxes the Service, or imposes excessive load on the ConfiTrack systems which may compromise the system performance for the majority, is excessive in relation to Your agreement with ConfiTrack for Your contracted Services, or violates any law with respect to illegal, illicit, or pornographic, obscene, etc. Content. In addition, without limiting the foregoing, ConfiTrack retains the right to limit or halt Service to any User sending dangerous or illegal Content, e.g., don’t send illegally downloaded music, laws that prohibit accommodating this particular use also bind ConfiTrack.

ConfiTrack wishes to keep customers satisfied, even those who are in violation of the Fair Usage Policy, because we acknowledge that this might not be intentional. Therefore, when ConfiTrack invokes the Fair Usage Policy, by limiting or halting the Services, ConfiTrack will contact the impacted Users to find a mutually agreeable solution. Failure to resolve this issue will result in termination of the ConfiTrack Services to the violator.

User Submissions You acknowledge and agree that: (i) by using the Site and/or Services You may be exposed to Content that You may find offensive or indecent and You do so at your own risk; (ii) You are solely responsible for, and ConfiTrack has no responsibility to You or any third party for any User Submissions that You create, submit, post or publish on the Site or through the Services; (iii) ConfiTrack is not responsible for any User Submissions that You may have access to through Your use of the Site or Services and all User Submissions, including their respective content, format, form and substance are the sole responsibility of the person from whom such User Submissions originated. ConfiTrack does not support or endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all responsibility, obligation, or liability in connection with User Submissions and/or any such Content in any and all respect and/or to any extent.

In connection with Your User Submissions, You represent and warrant that You:

(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize ConfiTrack to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these T&Cs; and

(ii) You have the written consent, release and /or permission of each and every identifiable individual person or entity in the User Submission to use the name and/or likeness of each and every such individual or entity in the User Submission, to enable inclusion and use thereof in the manner contemplated by these T&Cs. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other Content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property or other laws and the owners of the intellectual property or other rights in such Third Party Content may object to its use. You must not use any Third Party Content without first obtaining the written permission of the owner of the intellectual property or other rights in such Content.

You may not submit or publish through the Site or Services any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, You may not submit or publish User Submissions that contain falsehoods or misrepresentations, illegally solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation which cannot be unsubscribed, deleted or refused, or opted-out by recipient, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Site or Services with respect to their User Submissions. You are solely responsible, liable and obligated for any and all User Submissions, their respective content, substance, form and format, whether or not created or originated by You.

No Reselling. The Site and Services are solely for Your individual use. You shall not resell or commercialize the Services to any third party.

Export Restrictions: The Services may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Services as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351and thus may not be exported or re exported from the United States to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the United States to or downloaded by any person or entity subject to United States sanctions regardless of location. See http://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl and EAR Part 736. ConfiTrack is making the Services available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of United States or any other jurisdiction’s export control and sanctions or regulations.

You agree not to use the Site or the Services:

  1. to upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, distasteful, libelous, invasive of another’s privacy, hateful or racially, ethnically, sexually or otherwise objectionable;
  2. to harm minors in any way, including without limitation encouraging interactions with minors of a sexual nature;
  3. to impersonate any person or misrepresent a relationship with any person or entity, including without limitation a ConfiTrack employee or officer, or to falsely state or otherwise misrepresent Your identity or Your affiliation with a person or entity;
  4. to manipulate the Site or the Services in any way in order to disguise the origin of any Content transmitted via the Site or the Services;
  5. to upload, post, e-mail or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
  6. to upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, intellectual property or other proprietary rights of any party;
  7. to use the Site or the Services to transmit “spam” or in furtherance of any “pyramid” or similar or comparable scheme;
  8. to upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or impair the integrity of the Content of any computer software or hardware or telecommunications equipment of ConfiTrack or any other users of the Site or the Services;
  9. to interfere with, disrupt or impair the Site or the Services, or any of ConfiTrack’s servers or networks, or disobey any requirements, procedures, policies or regulations of any network connected to the Site;
  10. to interfere with, disrupt or impair any other party’s use and enjoyment of the Site and/or the Services;
  11. to stalk or otherwise harass, threaten or abuse another person; or to disparage, discredit, besmirch, etc. the representation or identity of any person or entity, including ConfiTrack; or
  12. to collect or store personal data about other users, for commercial use or otherwise, without their written consent.

You agree to use the Services only for lawful purposes and you acknowledge that Your failure to do so may subject You to civil and/or criminal liability.

ConfiTrack’s Treatment of and Liability for Content
You acknowledge that ConfiTrack does not pre-screen or review Content, but that ConfiTrack and its designees shall have the right (but not the obligation), in its sole and absolute discretion, to refuse or remove any Content that is transmitted via the Site or the Services. Without limiting the foregoing, ConfiTrack and its designees shall have the right to refuse or remove any Content that violates these T&Cs or, in ConfiTrack’s sole and absolute discretion, is otherwise objectionable.

You agree that if You receive objectionable Content as a recipient of such Content through use of or by means of the Site or Services, You have no recourse against ConfiTrack for any reason or to any extent. You agree that ConfiTrack is not liable to You nor does ConfiTrack have a duty to You with respect to any Content You send or that of any Third-Party Content received by You through Your use of the Site and/or Services.

You agree that You bear all risks associated with the transmission or receipt of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

You agree that You bear all responsibility and risk and are totally liable to pay for all costs, damages, losses, and expenses which may arise from Your failure to utilize ConfiTrack or failure to utilize the Services properly.

You acknowledge and agree that ConfiTrack may (but has no obligation to) preserve the Content and may also delete, remove, or disclose Content if required to do so by law or by any governmental agency or authority, or in the good faith belief that such deletion, removal, preservation and/or disclosure is reasonably necessary to: (a) comply with legal process or government request; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties or threatens national or personal security or safety; or (d) protect the rights, property or personal safety of ConfiTrack, users of the Site and the Services, and/or the public; or (e) comply with the Privacy Policy.

ConfiTrack does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise concerning the Site, and/or the Services, whether or not contained in the Site and/or the Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, input the data or information and do not necessarily represent the views of ConfiTrack, its affiliates, or its third party providers or licensors. You agree that Confitrack, its affiliates, and its third party providers or licensors are not responsible, and shall have no liability to You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these T&Cs.

Availability and Accuracy of the Site and Services
ConfiTrack shall: (i) use commercially reasonable efforts to make the Site and/or the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond ConfiTrack’s control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving ConfiTrack’s employees), or Internet service provider failures or delays, and (ii) provide the Site and/or Services in accordance with applicable laws and government regulations.

The Site or Services may include information that is inaccurate, incomplete, unreliable or outdated. ConfiTrack does not make any representations or warranties with respect to the information contained on the Site, or the Content owned by Users of ConfiTrack which is transmitted or delivered via the Services. ConfiTrack does not guarantee that any such information or Content is complete, accurate, current or reliable. ConfiTrack hereby disclaims all liability for any information or Content that is incomplete, inaccurate, unreliable or outdated, or transmitted or delivered without the use of the Services or the improper use of the Services.

ConfiTrack cannot guarantee that the Services or Site will always function without disruptions, delay or errors. A number of factors may impact the quality of Your use of the Services or Site. ConfiTrack takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of Your local network, firewall, internet service provider, the public internet, telephone system, Your power supply, etc., or any other items over which we have no control.

ConfiTrack is constantly improving the Site and Services and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Site and Services and functionality of the Services may vary from time to time. Technical requirements for use of Site and Services and feature descriptions are available on the Site. If You do not agree with any changes to Site and/or Services You may terminate your relationship with ConfiTrack in accordance with this Agreement. You may need to upgrade to a new version in order to enjoy the benefit of certain Services. In addition, You acknowledge and agree that certain Services may be subject to usage limits including a fair usage policy or other restrictions, which may vary from time to time.

You may link to the Site from another website owned by You, provided You do so in a way that is fair and legal and does not damage or disparage our reputation in any manner or to any extent or take advantage of it. You must not establish a link in such a way as to suggest any form of relationship, association, approval or endorsement by ConfiTrack where none exists. You may not frame the Site on any other site. ConfiTrack may revoke the permission to link to the Site at any time at its sole and absolute discretion and will notify You in this respect.

Links; Third Party Sites
Third parties may offer products or services via the Services and/or the Site, including games, applications, images, ring tones, or avatars. ConfiTrack takes no responsibility for such products or services. The third party products or services may be subject to the third party provider’s own terms, conditions and separate privacy policy that You may be required to accept upon download or installation. You should review such terms and conditions before making any purchase or using any third party product or service and ConfiTrack shall not be responsible for Your failure to do so.

You acknowledge and agree that any third party product information and pricing that is shown on the Site regarding third party products and services is given to ConfiTrack by the applicable third party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate their product availability at anytime. ConfiTrack is not involved in any transactions between You and any Merchant whose products and/or services are listed on the Site. ConfiTrack does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other Content about such products and services displayed on the Site; (v) links to the Merchants’ websites that are featured on the Sites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed solely to the applicable Merchant.

The Site may contain links to other web sites, web pages, services and resources that are operated by parties other than ConfiTrack. Any reference to or description within the Site of third parties, products, services or publications shall not be deemed an endorsement of such third parties, products, services or publications. ConfiTrack is not responsible for such third-party websites or the availability of such websites, the Contents, security or availability of any such other site and does not endorse and is not responsible in any way or to any extent for any Content, advertising, products, services or other materials on or available at, from or through such other sites. You agree that ConfiTrack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such Content, advertising, products, services or other materials on or available at, from or through any such other site. Your use of any third-party websites is subject to the terms and conditions posted on the respective website of such third-party.

Indemnification
You agree to indemnify and hold harmless ConfiTrack and its affiliates, and all of their respective officers, directors, managers, members, employees, agents, representatives, successors and assigns, from and against any and all claims, debts, demands, proceedings, losses, liabilities, damages, costs, charges and expenses (including court costs and attorneys’ fees), directly or indirectly arising out of or resulting from (i) Your use, whether as a sender or receiver, of the Site or the Services, including submissions, and/or (ii) Your use or reliance on any Content or the Site or the Services, and/or (iii) Your failure to comply with these T&Cs, any other agreement You have with ConfiTrack, and/or any applicable law, rule or regulation, and/or (iv) Your infringement or misuse of any of ConfiTrack’s, its affiliates’ or third-party licensors’ intellectual property.

You hereby release ConfiTrack and its affiliates (including their respective employees, directors, officers, shareholders, agents, and representatives) from any and all claims, demands, and damages (actual, consequential, punitive, special, or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your delivery, receipt, access to and/or use of or reliance on the Content or the Services.

Disclaimer of Warranties; Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING AND/OR USING THE SITE AND/OR THE SERVICES SOLELY AT YOUR OWN RISK.

NEITHER CONFITRACK NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CAN GUARANTEE THE PROTECTION OF THE PRIVACY OR SECURITY OF YOUR DATA OR INFORMATION THAT IS INPUTTED AND/OR TRANSMITTED TO, BY, OR THROUGH THE SITE AND/OR THE SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONFITRACK IS PROVIDING THE SITE AND THE SERVICES “AS-IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ANY WARRANTY THAT ACCESS, AVAILABILITY OR OPERATION, ADEQUACY, OR PERFORMANCE OF THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, INACCURACIES, OR OMISSIONS WITH RESPECT TO ANY CONTENT OR USER SUBMISSIONS, OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE AND/OR BY OR THROUGH THE SERVICES. CONFITRACK MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, CONCERNING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED ON THE SITE OR OF ANY CONTENT OR USER SUBMISSION PROVIDED OR TRANSMITTED VIA THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONFITRACK SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR DELIVERY, RECEIPT, USE OF OR RELIANCE ON THE CONTENT AND/OR THE SITE, AND/OR THE SERVICES, AND THAT YOU ARE AND REMAIN SOLELY AND COMPLETELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES OR ANY OTHER EXPENSES RESULTING FROM YOUR DELIVERY, RECEIPT, USE OF OR RELIANCE ON THE CONTENT, AND/OR THE SITE, AND/OR THE SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONFITRACK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR INJURIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY ERROR, OMISSION, IINACCURACIES,NTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED CONTENT, TRANSMISSIONS,USER SUBMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE SITE OR THE SERVICES, LOST OR INACCURATELY ENTERED DATA,OR CONTENT OF ANY NATURE, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, OR SERVICES WHETHER AS A SENDER OR RECIPIENT, OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, EVEN IF CONFITRACK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, IN TORT, IN EQUITY OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, CONFITRACK’S LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE LESSER OF (A) THE AMOUNT OF FEES (IF ANY) ACTUALLY RECEIVED BY CONFITRACK FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, OR (B) US $100.

YOU HEREBY AGREE TO RELEASE CONFITRACK, ITS AFFILIATES AND THIRD-PARTY LICENSORS OR VENDORS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONTINGENT AND NON-CONTINGENT, TANGIBLE AND INTANGIBLE (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, AND/OR THE SERVICES.

Modification of the Site and Services
ConfiTrack reserves the right to modify, amend, revise, update, supplement, replace or change the Site, the Services, the Privacy Policy and/or these T&Cs from time to time, but is under no obligation to do so. Any changes to these T&Cs shall be posted on the Site, and You are responsible for reviewing and complying at all times with the current version of these T&Cs and Privacy Policy. Your continued use of the Site and/or the Services signifies Your acceptance of any modifications, amendments, revisions, updates, supplements, replacements or changes.

ConfiTrack reserves the right to communicate through the Site and/or the Services or otherwise, from time to time, additional rules of usage that apply to specific parts of the Site, and/or the Services. Your continued use of the Site, and/or the Services, constitutes Your agreement to comply with these additional rules.

ENDING YOUR RELATIONSHIP WITH CONFITRACK
You may terminate your relationship with ConfiTrack at any time by requesting in writing (email to constitute a writing) closure of your User Account, ceasing to use the Site and Services and canceling any recurring payments.

ConfiTrack may terminate its relationship with you, or may terminate or suspend your use of the Site and Services, or User Account(s), at any time and without recourse to the courts:

(a) if you are in breach of these T&Cs or any other Agreement You may have with ConfiTrack;

(b) if ConfiTrack reasonably suspects that you are using the Services or the Site to break the law or infringe third party rights in any manner or to any extent;

(c) if ConfiTrack reasonably suspects that you are trying to unfairly exploit or misuse any of our policies.

(d) if ConfiTrack reasonably suspects that you are using our Sites and Services fraudulently or that your User Account is being used by a third party fraudulently;

(e) if you have purchased ConfiTrack Stamps from an unauthorized reseller;

(f) in respect of a particular Service, on thirty (30) days notice if ConfiTrack decides to cease offering that Service;

(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of ConfiTrack’s partners, affiliates or third-party licensors;

(h) on thirty (30) days notice if ConfiTrack decides to cease offering the Services to users in your jurisdiction generally; or

(i) without notice, for any or no reason.

ConfiTrack shall effect such termination by preventing Your access to your User Account, the Site and Services. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

Consequences of Termination: Upon termination of your relationship with ConfiTrack: (a) all licenses and rights to use the Site and Services shall immediately terminate; (b) You will immediately cease any and all use of the Site and Services; (c) no refunds will be made for any Stamps You have purchased or any Services for which You have paid.

General
Your right to use the Site and/or the Services is not transferable. Any password or right given to You in connection with the Services is not transferable. These T&Cs, together with ConfiTrack’s Privacy Policy (which is hereby incorporated by reference) and any other written Agreement(s) by and between You and ConfiTrack relating to the Services or the Site, shall constitute the entire agreement and understanding between You and ConfiTrack regarding Your use of the Services and the Site and replace any prior agreements between You and ConfiTrack with respect to the Site and/or the Services. In the event of any inconsistency between any Agreement and these T&Cs, the provisions of these T&Cs shall govern. Similarly, in the event of any inconsistency between the Privacy Policy and these T&Cs, the Privacy Policy shall govern.

No other agreement or understanding purporting to modify these T&Cs shall be binding upon ConfiTrack unless agreed to by ConfiTrack in writing. The failure by ConfiTrack to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of ConfiTrack’s rights or remedies. If ConfiTrack waives a breach of this Agreement, this shall not operate as a waiver of a subsequent breach of this Agreement. Any provision of these T&Cs which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any provision, which is expressed or clearly intended to survive or operate in the event of termination, shall survive termination of this Agreement.

You acknowledge and agree that if ConfiTrack is unable to provide access to the Site, and/or the Services as a result of a force majeure event, ConfiTrack will not be in breach of any of its obligations towards You under this Agreement. A force majeure event means any event beyond the control of ConfiTrack.

YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
ConfiTrack is committed to respecting Your privacy and the confidentiality of Your personal information. We will process your personal information, the traffic data, and the Content of your communication(s) in accordance with our Privacy Policy: http://www.confitrack.com/privacy.

FOR GOVERNMENT USERS ONLY
The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.

HOW TO CONTACT CONFITRACK
To contact ConfiTrack in relation to the ConfiTrack Site or Services or “ConfiTrack” branded Products, please submit a support request to support@rainydayprojects.com.

If you contact ConfiTrack by any means other than as set out herein your request may not be acknowledged.

MISCELLANEOUS
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with ConfiTrack.

For your convenience, ConfiTrack may provide you with a translation of the English language version of these T&Cs. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern Your relationship with ConfiTrack.

You may not assign these T&Cs or the Privacy Policy or any rights or obligations contained in them. ConfiTrack may, without prior notice, assign these T&Cs or the Privacy Policy or any rights or obligations contained in them to any third party.

Any provision, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

You acknowledge and agree that if ConfiTrack is unable to provide the Software, Services and/or Site as a result of a force majeure event, ConfiTrack will not be in breach of any of its obligations towards You under these T&Cs. A force majeure event means any event beyond the control of ConfiTrack.

Copyright Disputes
Each and every notification of claimed copyright infringement which complies with the requirements set forth in the particular laws of the jurisdiction in which any such infringement may have occurred should be directed to ConfiTrack’s registered copyright agent via mail, overnight courier service, facsimile, or e-mail: legal@rainydayprojects.com.

Governing Law; Jurisdiction and Venue
This section shall govern in the event the Safe Harbor protocol in the Privacy Policy is inapplicable or is rendered moot.
These T&Cs will be governed by, construed, interpreted and enforced in accordance with the laws of England and Wales, without regard to the conflicts of law principles thereof.

Any action or proceeding based on or arising out of these T&Cs shall be brought only in the courts located in the United Kingdom, and You agree to submit to the exclusive personal jurisdiction of such courts. Process in any such action or proceeding may be served on You anywhere in the world. You agree that the prevailing Party in any such action or proceeding shall be entitled to recover the reasonable attorneys’ fees and costs incurred by such Party in the course of prosecuting or defending any action or proceeding brought under these T&Cs.