PrecisionTrak

Terms of Use

March 2, 2020

Quick Guide to Contents

  1. MOBILE DEVICES
  2. CHANGES TO THIS AGREEMENT
  3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
  4. ACCOUNTS, SECURITY, PASSWORDS
  5. USER CODE OF CONDUCT
  6. FEES
  7. DISCLAIMER OF WARRANTIES
  8. EXCEPTIONS
  9. LIMITATIONS ON LIABILITY
  10. INDEMNIFICATION
  11. MODIFICATION/TERMINATION BY PRECISIONTRAK
  12. LINKS
  13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
  14. INTERNATIONAL USE/U.S. EXPORT CONTROLS
  15. THIRD-PARTY MERCHANTS
  16. SUBSCRIPTION SERVICES
  17. PREMIUM SERVICES
  18. GENERAL
  19. COPYRIGHT AND TRADEMARK NOTICE

This site or application is owned or managed by PrecisionTrak, a division of M Street Corporation (“PrecisionTrak”).

PrecisionTrak provides this PrecisionTrak Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this PrecisionTrak Sites. Your use of this PrecisionTrak Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this PrecisionTrak Site. This Agreement sets forth PrecisionTrak’s policies with respect to its operation of the PrecisionTrak Sites. Other policies govern PrecisionTrak’s non-Internet operations.

Certain products or services offered by this and/or other PrecisionTrak Sites (each a “PrecisionTrak Internet Service,” and collectively “PrecisionTrak Internet Services”), and certain areas within this and/or other PrecisionTrak Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or PrecisionTrak Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or PrecisionTrak Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY PRECISIONTRAK SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY PRECISIONTRAK SITE MAY BE TERMINATED IMMEDIATELY IN PRECISIONTRAK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using this PrecisionTrak Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this PrecisionTrak Site (collectively, “Device”); and (d) you will access and use this PrecisionTrak Site in accordance with this Agreement.

I. Mobile Devices

If permitted or available through the applicable PrecisionTrak Internet Service, to (a) upload content to this PrecisionTrak Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this PrecisionTrak Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which PrecisionTrak makes the PrecisionTrak Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the PrecisionTrak Internet Service, including, but not limited to, if this PrecisionTrak Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the PrecisionTrak Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with PrecisionTrak’s or this PrecisionTrak Site’s operations or the PrecisionTrak Internet Service. Any equipment or software causing interference will be immediately disconnected from the PrecisionTrak Internet Service and PrecisionTrak will have the right to immediately terminate this Agreement. If any upgrade in or to the PrecisionTrak Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current PrecisionTrak Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the PrecisionTrak Internet Service.

II. Changes to This Agreement

PrecisionTrak reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. PrecisionTrak will provide notice of such change on this PrecisionTrak Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this PrecisionTrak Site and/or PrecisionTrak Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this PrecisionTrak Site and/or the PrecisionTrak Internet Service to which the changes may apply.

III. Privacy and Protection of Personal Information

PrecisionTrak has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by   clicking here , and by using this PrecisionTrak Site you agree to the terms of the Privacy Statement.

IV. Accounts, Security, Passwords

If a particular PrecisionTrak Site or PrecisionTrak Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify PrecisionTrak immediately of any unauthorized use of your account. PrecisionTrak is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular PrecisionTrak Internet Service.

V. User Code of Conduct

In accessing and using this PrecisionTrak Site and/or the PrecisionTrak Internet Services, you agree that you will not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this PrecisionTrak Site, or any postings which advocate illegal activity.Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.Deliver, or provide links to, any postings containing defamatory, false or libelous material.Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.Use this PrecisionTrak service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this PrecisionTrak Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.Attempt to gain unauthorized access to this PrecisionTrak Site, any related website, other accounts, computer system, or networks connected to this PrecisionTrak Site, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this PrecisionTrak Site, including harvesting or otherwise collecting information about others such as email addresses.

VI. Fees

Except where otherwise provided, access to and use of this PrecisionTrak Site and the PrecisionTrak Internet Services offered through it are currently available without charge. PrecisionTrak reserves the right to charge a fee for access to or use of this PrecisionTrak Site, or any PrecisionTrak Internet Service available on this PrecisionTrak Site at any time in the future. Your access to or use of this PrecisionTrak Site before such time does not entitle you to use of this PrecisionTrak Site without charge in the future.

VII. Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS PRECISIONTRAK SITE AND/OR PRECISIONTRAK INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS PRECISIONTRAK SITE OR PRECISIONTRAK INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. PRECISIONTRAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PRECISIONTRAK SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS PRECISIONTRAK SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRECISIONTRAK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. PRECISIONTRAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS PRECISIONTRAK SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PRECISIONTRAK SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. PRECISIONTRAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS PRECISIONTRAK SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

PRECISIONTRAK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR PRECISIONTRAK INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

VIII. Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PRECISIONTRAK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IX. Limitations on Liability

In no event shall PrecisionTrak, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this PrecisionTrak Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this PrecisionTrak Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this PrecisionTrak Site or any information, software, products, services, and related graphics obtained through this PrecisionTrak Site; (vi) any transactions entered into through this PrecisionTrak Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this PrecisionTrak Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this PrecisionTrak Site and PrecisionTrak Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if PrecisionTrak has been advised of the possibility of damages.

X. Indemnification

You agree to indemnify and hold harmless PrecisionTrak, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this PrecisionTrak Site and any related PrecisionTrak Internet Service and/or software. You agree to cooperate fully with PrecisionTrak in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

XI. Modification/Termination by PrecisionTrak

PrecisionTrak reserves the right, in its sole discretion, to modify, suspend, or terminate this PrecisionTrak Site and/or any portion thereof, including any PrecisionTrak Internet Service, and/or your account, password, or use of any PrecisionTrak Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a PrecisionTrak Internet Service removes your authorization to use the PrecisionTrak Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, PrecisionTrak shall not be liable to you or any third party for any termination of your access to a PrecisionTrak Internet Service.

XII. Links

This PrecisionTrak Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). PrecisionTrak does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply PrecisionTrak’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

XIII. Software and Downloads Available Through This Site

Any software that is made available to access, use, view and/or download in connection with a PrecisionTrak Site or PrecisionTrak Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by PrecisionTrak and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. PrecisionTrak accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

XIV. International Use/U.S. Export Controls

Accessing materials on this PrecisionTrak Site by certain persons in certain countries may not be lawful, and PrecisionTrak makes no representation that materials on this PrecisionTrak Site are appropriate or available for use in locations outside the United States. If you choose to access this PrecisionTrak Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this PrecisionTrak Site. No software or any other materials associated with this PrecisionTrak Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a PrecisionTrak Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

XV. Third-Party Merchants

This PrecisionTrak Site may enable you to order and receive products, information and services from businesses that are not owned or operated by PrecisionTrak. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. PrecisionTrak does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. PrecisionTrak will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the PrecisionTrak Internet Service. 

XVI. Subscription Services

This PrecisionTrak Site may offer certain PrecisionTrak Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “PrecisionTrak Subscription Services”). By registering for a PrecisionTrak Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.

XVII. Premium Services

SOME PRECISIONTRAK INTERNET SERVICES ON THIS PRECISIONTRAK SITE, AND SUBSCRIPTION SERVICES, ARE OFFERED TO YOU CONDITIONED ON YOUR PAYMENT OF A FEE (A “PAID SUBSCRIPTION SERVICE”). BY USING THE PAID SUBSCRIPTION SERVICE, YOU AGREE THAT YOU WILL BE SUBJECT TO ANY CHARGES AND RULES SET FORTH IN THE ADDITIONAL TERMS FOR THAT SERVICE, IN ADDITION TO THE GENERAL TERMS PROVIDED BELOW, WHICH MAY INCLUDE AUTOMATIC RENEWALS AND PERIODIC RECURRING CHARGES (E.G., MONTHLY, QUARTERLY, OR ANNUALLY) TO YOUR PAYMENT METHOD UNTIL YOU CANCEL A SERVICE.  

Paid Subscription Service—Billing and Fees

Before you register for a Paid Subscription Service, PrecisionTrak will provide notice of and get your affirmative consent to any charges. By registering for a Paid Subscription Service, you affirmatively consent to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

BY REGISTERING FOR A PAID SUBSCRIPTION SERVICE AND PROVIDING YOUR CREDIT CARD INFORMATION, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD FOR THE PAID SUBSCRIPTION SERVICE FEE AT THE THEN-CURRENT RATE AND ANY ADDITIONAL CHARGES (INCLUDING LATE CHARGES AND APPLICABLE FEDERAL, STATE, OR LOCAL TAXES), AS WELL AS TO CHARGE YOUR CREDIT CARD ON A RECURRING BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), AS CONSENTED TO AT THE TIME OF REGISTRATION, UNTIL YOU CANCEL YOUR PAID SUBSCRIPTION SERVICE.

If you purchase a Paid Subscription Service directly from us (a “Direct Purchase”), we may use a third party that is not affiliated with us to process your payments as merchant of record (“Processor”). You agree that this Processor is solely responsible for controlling, handling and processing your payments. For Direct Purchases, you will receive a bill for the Paid Subscription Service fee based on the term of the subscription for which you registered. For example, if you signed up for a monthly paid subscription, you will be billed one day after each month on the calendar day that corresponds with the commencement of your subscription. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit card on the last day of the applicable month. However, you acknowledge that we reserve the right to change our billing methods effective upon notice to you. You agree to maintain a valid credit card during the subscription term. You are liable for any amounts that are unsettled and overdue. We may deactivate your member account without notice if your payment method is invalid and your payment becomes past due. Any delinquent payments are due in full within thirty (30) days of the termination or cancellation of a Direct Purchase Paid Subscription Service.

Paid Subscription Service—Subscription Rate Changes

We may change the subscription rate from time to time. If we do, we will provide you advance notice of any change in the subscription rate. If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. . If you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.

Paid Subscription Service—Data

As part of your purchase of a Paid Subscription Service, data collected through the registration and payment process may be shared with our applicable payment service provider.  If you purchase the Paid  Subscription Service online, such information will be shared with  Processor. Your data will be handled in accordance with our  Privacy Policy .

Paid Subscription Service—Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If the Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Paid Subscription Service—Limited to US Residents, Personal and Non-Commercial Use

The Paid Subscription Services are for US residents only. The Paid Subscription Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise exploit the Paid Subscription Services without our prior written consent.

Paid Subscription Service—Cancellation

You can cancel your Paid Subscription Service at any time by calling the customer service office 800-248-4242 (ext. 700). In the event that you cancel a Paid Subscription Service before the end of your subscription period, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your membership period.

If you violate this Agreement, we reserve the right to terminate your access to a Paid Subscription Service or any portion thereof at any time, without notice.

Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Charges for Service

PrecisionTrak will provide notice of any charges, or extra charges, before you register. You are responsible for any charges incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

In the event that you pay for the service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

The service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this PrecisionTrak Site by writing:

IP Permission

Legal Department

PrecisionTrak

PO Box 742263

Atlanta GA  30374-2263

By Email: info@precisiontrak.com

Cancellation

You may cancel your license at any time by contacting us using the contact information provided on this service. In the event that you have paid a fee to use PrecisionTrak and you cancel before the end of your licensed access period, we will not return any portion of your license fee provided that you will be entitled to continue accessing the applicable PrecisionTrak Site until the end of your access period.

 YOU MAY NOT USE ANY PRECISIONTRAK SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY PRECISIONTRAK SITE MAY BE TERMINATED IMMEDIATELY IN PRECISIONTRAK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Service Contact

You may email your requests for customer service through the contact information provided on the home page of the service.

XVIII. General

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this PrecisionTrak Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and PrecisionTrak with respect to the use of this PrecisionTrak Site and shall not be modified except in writing, signed by an authorized representative of PrecisionTrak.

If you have any questions concerning this Agreement, you may send them by email to support@iheartradio.com. You must send any official correspondence via postal mail to:

Legal Department

ATTN: PrecisionTrak Sites Terms of Use

PrecisionTrak

PO Box 742263

Atlanta GA  30374-2263

XIX. Copyright & Trademark Notice

Use of Intellectual Property

The PrecisionTrak Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, PrecisionTrak logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by PrecisionTrak or by other parties that have provided rights thereto to PrecisionTrak.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this PrecisionTrak Site, in whole or in part, without the express written permission of PrecisionTrak.

Other trademarks, service marks, product names and company names or logos appearing on this PrecisionTrak Site that are not owned by PrecisionTrak may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this PrecisionTrak Site, or frame this PrecisionTrak Site, or any web page or material herein, nor may any entity include a link to any aspect of this PrecisionTrak Site in an email for commercial purposes, without the express written permission of PrecisionTrak. Further, unless otherwise expressly permitted, you agree not to link to PrecisionTrak’s Intellectual Property so as to cause you or anyone else to access PrecisionTrak’s Intellectual Property other than through this PrecisionTrak Site.

You may inquire about obtaining permission by writing:

IP Permission

Legal Department

PrecisionTrak

PO Box 742263

Atlanta GA  30374-2263

By Email: info@precisiontrak.com

Copyright Infringement

PrecisionTrak respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this PrecisionTrak Site, you are granting permission to have this material posted on this PrecisionTrak Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. PrecisionTrak reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights PrecisionTrak may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

DMCA Designated Agent

c/o Legal Department

PrecisionTrak

PO Box 742263

Atlanta GA  30374-2263

By Email: info@precisiontrak.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PrecisionTrak to locate the material.

(iv) Information reasonably sufficient to permit PrecisionTrak to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

This Agreement was last modified on March 2, 2020.