TERMS OF SERVICE
Last Updated 05/01/2018
Welcome to TRACK TO TEN!
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE, APPS AND OUR SERVICES CAREFULLY.
The web pages at www.tracktoten.com and all sub-domains thereof (the “Site”) and apps (“Services”) available in the App Store & Google Play are owned and operated by Elencee, Inc. (the “Company”, “us”, “we”, and “our”) including, without limitation, this Site and any other Site that we may own or operate and are accessed by you and/or your agents, employs, or assigns (the “Subscriber”, “user”, “you” or “your”) under the following terms of service. All of our programs, tools, services and online fee-based products that we may offer (the “Service” or the “Services”) are governed by these terms (the “Terms”, the “Terms of Service”, or the “Agreement”).
YOU AGREE THAT BY USING THE SERVICE YOU THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.
We may, from time to time, at our sole discretion and without notice, update or revise the Terms of Service. If we update or revise the Terms of Service we will notify you by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms of Service as updated or revised. You can view the most current Terms of Service at any time by clicking on the Terms of Service link at the bottom of the Site’s home page. It is your responsibility to review the Terms of Service periodically.
No Medical Advice
Our Services do not constitute medical advice or opinion. Elencee, Inc. is not a medical organization and we cannot give you medical advice. Use of the Site does not establish a doctor-patient relationship. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise or behavior program.
If you have a medical or health condition, including but not limited to, diabetes, cancer, an eating disorder or are pregnant, you should get a physician’s approval prior to using our Services.
Your Use of This Site & Services
Subscriber is fully responsible for connecting to or accessing the Site and using the Services, including but not limited to required hardware, such as a modem and internet connection.
Unless otherwise specified, in consideration for your Agreement to the Terms of Service, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited right to access, use and display this Site and the material provided hereon, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Site and/or our Services.
During the registration process or other parts of the Site requiring your data input, you are required to provide the Company with accurate, complete, and updated information (“Subscriber Data”). It is your responsibility to maintain updated and current Subscriber Data, including current registration and billing information. You agree that you will not select or use as a TRACKTOTEN User ID of a name of another person with the intent to impersonate that person or (ii) select a TRACKTOTEN User ID that contains profanity or is otherwise offensive. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site or our Services, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services, changes to policies, Subscriber access, change in content or change in the amount or type of fees charged made by us pursuant to this provision or this Agreement , is to cancel or terminate your membership, subscription or registered user account, as applicable.
Some of the Services selected require payment of fees paid by you, the Subscriber. You agree to pay all applicable fees, such as fixed and periodic charges (the recurring Monthly Fee), and applicable taxes with a valid credit card that you are authorized to use or other form of payment which we may accept (Acceptable Payment Form). The Company reserves the right to change pricing and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by you, the Subscriber, following such notification constitutes your acceptance of any new or changed charges or other changes. If any such new or changed charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the “Account Settings” link on the Site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.
Recurring subscription fees paid by credit card or another Acceptable Payment Form will automatically renew, unless you affirmatively cancel your subscription 24-hours prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card or other Acceptable Payment Form for all applicable fees. It is your responsibility to ensure there is enough money in your account for debit card payments. The Company is not responsible for bank fees or penalties. You agree to promptly notify the Company of any changes to your credit card or Acceptable Payment Form while any subscriptions or fees remain outstanding.
Services available on Apple’s App Store are charged by your iTunes Account. Payment will be charged to iTunes Account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
We may offer trial memberships or other promotions. At the end of the trial period for the membership or the promotion, the membership or promotion will convert to a standard membership according to the terms and conditions outlined in the trial or promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable trial or promotion rules.
Termination and Refund Policy
You may cancel the Services at any time by clicking on the “Your Account” link and clicking the Cancel Account option. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.
Effect of Termination
Upon termination of the Subscriber’s Account(s), Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive, including, without limitation, all disclaimers, indemnity and limitations of liability.
Subscribers shall be solely responsible for maintaining all of the Subscriber Data, including but not limited to, the confidentiality of passwords to Subscriber’s Account(s).
You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.
Property Rights in Site Content
All materials available through the Site and Services (collectively, the “Content”), including but not limited to text, designs, graphics, icons, images, pictures, video, audio clips, information, articles, recipes, applications, software, data (including member data) and other files, and their selection and arrangement, is our exclusive property or that of our licensors with all rights reserved. No Content or Services, in whole or in part, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, without our prior written permission, except as expressly allowed under this Agreement. All rights reserved.
You may access the Content, and other items displayed on the Site for personal use only. You may not download, copy or store any of the Content in any form from the Site without the prior written permission from the Company or otherwise explicitly permitted on the Site. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.
You agree not to decompile, crack or attempt to decompile or crack the Site’s files. You understand that all tools, logs, algorithms, and data in the Site’s files, and in the servers driving the files, are Company’s proprietary information and constitute “trade secret” as defined, without limitation, in the Uniform Trade Secrets Act.
Consent to receive email
When you register to use the Site and Services, you hereby consent to receive periodic email communications from Company, including customer service issues, newsletters, new product offers and other matters. You may choose to opt out of certain newsletter and product email correspondence; however, Company reserves the right to email you at any time regarding your account and your use of the Site and Service.
Links to other websites
The Site may reference or link to other websites. The Company has no control over these websites and is not responsible for them, including the site’s availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of the site’s content and will not be a party to or in any way be responsible for monitoring any transaction between you and other websites. Links and access to these websites are provided for your convenience only and should you choose to access such other websites you acknowledge that you do so voluntarily and assume all risk.
You agree that your use of the Services is at your sole risk. The Site and any Services are provided on an “As Is” basis, without warranties of any kind, either express or implied. The Company does not guarantee that your services will be uninterrupted or error-free.
You acknowledge that you have no right to any data created by your access to or use of the Site and/or Services. YOU AGEE THAT YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.
Limitation of Liability
With respect to the use of the Site and/or Services, IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) ANY AMOUNT IN EXCESS of THE AGGREGATE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR OF ANY DAMAGESWHATSOEVER, including but not limited to loss of use, bodily injury, loss of profits or loss of data.
Because it is difficult to determine exact damages that Company would suffer as a result of misappropriated Content, you acknowledge and agree that in the event you misappropriate or use Content without permission, Company is entitled to recover from you liquidated damages in the amount of seventy-five hundred dollars ($7,500) per graphic or image and thirty-five thousand dollars ($35,000) for each and any other Content misappropriated or used without permission. You understand and agree that the liquidated damage amounts are reasonable, but the liquidated damage amounts do not in any way limit actual damages, if so pursued. The Company does not waive its right to pursue any and all remedies available.
You expressively acknowledge that any actual or threatened breach of this Agreement or infringement of proprietary rights by you would cause irreparable injury to the Company and would therefor entitle Company to injunctive relief without any additional proof or showing of irreparable injury or harm.
When you post messages, upload files or otherwise communicate on the Site (“User Content”), you grant the Company a perpetual, royalty-free and irrevocable right to license and use the User Content in any way the Company chooses, including but not limited to modifying, adapting, publishing, reproducing, sublicensing, transferring and selling.
You agree that all User Content created, uploaded and/or posted on the Site will abide by the following rules:
-Not be corrupt or contain viruses or programs that may adversely affect the Site or another’s computer
-Not be offensive, abusive inappropriate or threatening in any manner
-Not be used to impersonate another or falsely represent yourself
-Not be infringing
-Not be used to promote oneself or other business or be part of any multi-level marketing or contest
-Not violate any applicable laws
You also agree without limitation to other uses specified elsewhere in this Agreement, you agree to:
-Not access content not intended for you
-Not attempt to breach security or interfere with or cause harm to the Site in any way
By using the Site and/or Services, you agree to resolve Arbitral Claims (as defined below) arising out of this Agreement by binding arbitration through Court Mediation and Arbitration in Fort Lauderdale, FL.
As used in this Agreement, an “Arbitral Claim” is any claim you have against the Company or the Company has against you, but specifically excludes claims by the Company to enforce its Intellectual Property rights or to prevent or remedy unfair competition, unauthorized access, security breaches, fraud or espionage.
You further agree that:
-You will not join any Arbitral Claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding
-You will waive the right to a jury trial
-No Arbitral Claim will be resolved on a class wide basis
You further agree that the personal jurisdiction of and exclusive venue in the federal and state courts and serving as the legal forum for any dispute arising out of this Agreement and not precluded as an Arbitral Claim is located in Fort Lauderdale, FL.
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind Company in any respect whatsoever
The Company may freely assign the Agreement.