Terms of Service

Welcome, and thank you for your interest in Hellotracks LLC. (" Hellotracks, We, Our, Us, Service Provider"), which operates the website located at https://hellotracks.com/en/terms-of-service/ related mobile website, and other websites, mobile application called “Hellotracks” (the “App”) (collectively, the “Website”) and related online services, including and any other products and services that Company may provide now or in the future (collectively, the “Services” “Products”) Visitors and users of the Services are referred to individually as “User” and collectively as “Users”. This Agreement is subject to change by Hellotracks at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Hellotracks’ posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.                                                

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ OUR PRIVACY POLICY (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE).                                                

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.                                                

Access and Use of the Service Account                                        

To access specific Service features, you must create an "Account" via the App, Site, or by linking with certain third-party social networking services (referred to as "SNS Accounts"). If you opt for the SNS Account option, we will extract specific personal information, such as your name and email address, as permitted by your SNS Account privacy settings.                                

It's crucial to provide accurate, complete, and current information for your Account. You agree to maintain its accuracy and promptly update any changes. Failure to do so may result in the suspension or termination of your Account. You commit not to disclose your Account password to others and promptly report any unauthorized Account usage. You bear responsibility for all Account activities, regardless of your awareness. Service Provider may, at its discretion, conduct inquiries, directly or through third parties, to validate your registration information, potentially engaging third-party verification services. We retain the right to take legal action against individuals misrepresenting personal information or engaging in dishonest identity practices. It is important to note that while we make efforts to maintain accuracy, we cannot guarantee the accuracy of information submitted by any user, and We are not obligated to verify user identities. Service Provider retains the right to terminate all associated User accounts at any time and without prior notice for non-compliance with these Terms.                                        

Eligibility, Acceptance

By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are at least 18 years of age, or (iii) You represent that you have not been previously suspended or removed from the Services by us and that your registration and your use of the Services are in compliance with any and all applicable laws.

THE WEBSITE IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY US, OR (B) ANY PERSONS UNDER THE AGE OF 18, YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. TO MAKE A PURCHASE VIA THE SERVICES YOU MUST BE CAPABLE OF FORMING A BINDING CONTRACT.

Account Passwords and Security.                                        

In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Us, whether at registration or at any other time, will be true, accurate, current, and complete including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name or likeness, or provide false details for the guardian. You agree that we may take steps to verify the accuracy of the information you provide. Youalsoagreethatyouwillensurethatthisinformationiskept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Us via the provided email address stated in the Contact clause. You may be liable for the losses incurred by Us or others due to any unauthorized use of your Services account.                                        

Security

While we strive to maintain the security of our network, it's crucial to understand that no network can guarantee complete immunity from security breaches. Therefore, it's your responsibility as the User to take necessary precautions and ensure your data remains inaccessible to unauthorized use or third parties. We strongly advise you to be proactive in securing your data based on your own assessment and requirements.

Commercial, Marketing, or Branding Use Prohibited.

 Except as expressly licensed, we do not allow uses of the HeartFirst Education, Services, or other intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).

Electronic Agreement and Notice

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Hellotracks from time to time, such modifications to be effective upon posting by Hellotracks on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Electronic Notice.

You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

License for Mobile Application.                                        

Hellotracks grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device. You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

Commercial Use of Service.                                

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:                                        

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;                                        

b. You have read and understand this Terms of Use; and

c. You agree to this Terms of Use on behalf of the Subscribing Entity.                                        

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Hellotracks, which may be revoked at any time, for any reason, in Hellotracks’ sole discretion.

Your Use of the Websites                                 

• You may not browse or download illegal content.
                                                          
• You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by Hellotracks.
                                                          
• You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Use, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
                                                          
• You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
                                                          
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
                                                          
• You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, login, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
                                                          
• You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
                                                          
• You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
                                                          
• You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
                                          

1. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Hellotracks’s sole and reasonable discretion;
                                                           
2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
                                                           
3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Hellotracks’s sole and reasonable opinion;
                                                           
4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
                                                           
5. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
                                                           

• You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
                                                          
• You must not rent, sell or lease access to the Websites, or any Content on the Websites.
                                                          
• You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  
• You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Hellotracks employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
                                          

• You must not sell or transfer, or offer to sell or transfer, any Hellotracks account to any third party without the prior written approval of Hellotracks.
                                                          
• You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
                                                          
• You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Hellotracks or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Hellotracks’s servers, system or network or attempt to breach Hellotracks’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Hellotracks’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Hellotracks under these Terms of Use, Hellotracks reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  
• You must not collude with other users to manipulate the Service such that you or another user are rewarded Points in a manner that has been planned or pre-determined. If we discover that you have violated this section, you are subject to penalties, including without limitation termination of your account and/or a demand for the return of any Gift Cards awarded to you as a result of collusion.

You agree to comply with the above conditions, and acknowledge and agree that Hellotracks has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities

Term.

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at support@hellotracks.com. If you resign or cancel your membership and/or subscription to Hellotracks, to help Hellotracks analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. You agree that We may, at Our sole discretion, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if We believe that you have violated or acted inconsistently or Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Service Provider will not be liable to you or any third party for any termination of your access to the Service Hellotracks may terminate your membership and/or subscription for any reason with or without notice If Hellotracks terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Hellotracks. Hellotracks is not required to provide you notice prior to terminating your membership and/or subscription. Hellotracks is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Repeat Infringers                                        

Hellotracks will suspend or terminate your access to the Websites if Hellotracks determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Use. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Hellotracks at its sole discretion. Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

Terms for the Android App

You acknowledge and agree that this Terms of Use is between you and Hellotracks only, and that Google is not a party to these Terms of Use. Hellotracks, Google is not responsible for the App and its contents.

You must not use the mobile App except on a smartphone or tablet that is running an Android OS. Any use of the App by you must comply with the relevant terms of use for the Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Google Play Terms of Service). You acknowledge and agree that Google does not have any obligation to furnish you with maintenance and/or support services with respect to the App.

You further acknowledge and agree that Google is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be Hellotracks’s responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability. Google and its subsidiaries are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Google shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Google is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms.

Charges on Your Billing Account. General.

We bill you through an online account (your “Billing Account”) for use of the Websites and/or Service. By signing up for our paid service, you agree to pay Hellotracks all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account. You further authorise us to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using your selected Payment Method. Hellotracks reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

In case of disputes regarding charges, Users must notify Us within sixty (60) days of the date of the charge. If you have concerns about charges, you agree to address them with us first, refraining from cancelling or rejecting credit card or payment processing charges until you attempt to resolve the matter with Us.                                        

We reserve the right to not process or cancel orders in various circumstances, such as declined credit cards, suspected fraud, or other considerations at Our discretion. We may also verify your identity before completing a Transaction. Orders that we do not process or cancel will either not be charged or refunded.

Free Trial.

Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact billing@hellotracks.com.

Recurring Billing                                        

Any subscription plans on the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Hellotracks may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Hellotracks) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Hellotracks could reasonably act. For your convenience, we take your payment information so that your Hellotracks membership will not be interrupted. We auto-renew your membership at the level you selected. Your Hellotracks subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, simply delete all the users associated with your account (successive billing will cease automatically). You may change your payment method at any time in your account settings. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Current Information Required.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY HELLOTRACKS IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE HELLOTRACKS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HELLOTRACKS MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY HELLOTRACKS).

Payment Method.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

Reaffirmation of Authorization.

Your non-termination or continued use of the Service reaffirms that Hellotracks is authorised to charge your Payment Method. Hellotracks may submit those charges for payment and you will be responsible for such charges. This does not waive Hellotracks’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Payment Information Security

When users provide card details to Us, we take diligent measures to safeguard this information. However, We do not accept liability or responsibility for any damages, losses, or adverse consequences related to the use, protection, or handling of these card details. Users acknowledge and expressly accept that transmitting and storing card details inherently involves risks, and they willingly assume all associated risks and liabilities.

Modifications to Service.
Hellotracks reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hellotracks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

We retain the right to alter Subscription pricing terms at any time and we may or may not provide advance notice of such changes. These pricing term adjustments are not retroactive and will solely affect Subscription renewals. If you disagree with updated pricing terms, you have the option to not renew your Subscription.

Intellectual Property Rights

Protection of Service Content, Software, and Trademarks

Hellotracks retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of Hellotracks, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Hellotracks is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Hellotracks and for Hellotracks Members' use only. Distribution of Content to others is strictly prohibited. You agree that Hellotracks would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Hellotracks shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on Hellotracks may be supplied by third parties. Hellotracks has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

Third-Party Material

We shall not, under any circumstances, be liable for any content or materials from third parties, including users. This includes but is not limited to, errors or omissions in any content or any loss or damage resulting from the use of such content. We may remove any content that violates these Terms of Service or is deemed objectionable by Us in its sole discretion. You agree that you must assess and assume all risks associated with using any content, including reliance on its accuracy, completeness, or usefulness.

User Content Transmitted Through the Service

When you upload or share content through the Service, such as software, documents, images, videos, or other materials via your Account (collectively, "User Content"), you affirm and guarantee that you possess all rights, including copyrights and rights of publicity, in and to your User Content. You retain all intellectual property rights you hold in your User Content, and We make no claims of ownership (copyright, trademark, or otherwise) over your User Content.

For User Content that you submit, post, or make publicly available via the Service, you provide Us with a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or in part) worldwide via the Services or other means. This license also includes the right to incorporate your User Content into other works, in any form, media, or technology, whether currently known or developed in the future, for any lawful business purpose.                                        

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Us are non-confidential and We will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Service Provider, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

Restrictions on Use of Materials

You acknowledge that Hellotracks contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Hellotracks owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Limitation of Liability.

In no event shall Hellotracks be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Hellotracks or its employees or agents shall be construed to make any promise, covenant, or guarantee, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Hellotracks makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL HELLOTRACKS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF HELLOTRACKS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL HELLOTRACKS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; DEATH; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF HELLOTRACKS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Hellotracks and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Hellotracks during the six months prior to notice to Hellotracks of the dispute for which the remedy is sought.

Indemnity by You.

You agree to indemnify and hold Hellotracks, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

• your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
                                                          
• any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
                                                          
• any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Hellotracks.
                                                          

Miscellaneous (Including Dispute Resolution and Arbitration)

Assignment

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the Service Provider’s prior written consent but may be assigned by Us without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

Feedback

You may provide us with ideas, suggestions, proposals, or other Feedback via the Site ("Contact us"). We may use such Feedback for any purpose, including incorporating the Feedback into or using the Feedback to develop and improve Our products and other product or service offerings without attribution or compensation to you.

Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Hellotracks’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Hellotracks’s ability to enforce such term at any point in the future.

No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Survival

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections (Privacy Policy), (Modification of the Terms) through (Digital Millennium Copyright Act), (Proprietary Materials), (Confidentiality) (Intellectual Property Right), (Assignment) and (Prohibited Conduct) through (Miscellaneous (Including Dispute Resolution and Arbitration)).

Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, but not limited to, natural disasters, acts of God, government actions, or wars.

Export Control

By accessing any software or technology available via this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed exports of goods, services, or technology. You acknowledge that you understand the software and technology may be subject to the U.S. Export Administration Regulations (the "EAR") and other U.S. and foreign laws and may not be exported, re-exported, or transferred (a) to any prohibited destination, (b) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government, or (c) for any end-use prohibited in accordance with Part 744 of the EAR.

Parental or Guardian Permission

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 (OR 16 IN BRAZIL) ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 (OR 16 IN BRAZIL) ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE HELLOTRACKS THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

Electronic Notice.
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Jurisdiction and Choice of Law; Dispute Resolution.

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgement on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Attorney Fees.                                                

In the event that Hellotracks is successful in whole or in part in any action or proceeding related to or arising from this Agreement, User shall be responsible for Hellotracks’s attorneys' fees and costs.

Availability Outside the U.S.
If you access Hellotracks from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Please contact us with any questions regarding this Agreement. Hellotracks is a trademark of Hellotracks LLC.

Privacy.                                                

Use of the Websites and/or the Service is also governed by our Privacy Policy, located at http://hellotracks.com/privacy_hellotracks_business.html. Consent to our Privacy Policy is required before using our Service.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us by email at hello@hellotracks.com

Contact Information

Do you have any questions, concerns, or suggestions? Please don't hesitate to reach out to us at hello@hellotracks.com If you encounter any violations of our Terms of Service or need clarification about these terms or our services, we're here to assist you.