Trak-1 Terms of Use

License

The TRAK-1 End User Software (the “Software”) is being licensed to you by Trackers, Inc., d/b/a Trak-1 (“TRAK-1”), free of charge, and is provided to you on an “AS IS” basis, for your private, personal, and non-commercial use only, subject to the terms and conditions of this End User License Agreement (the “Agreement”). Please read this Agreement in full before using the Software.

For purposes of this Agreement, the terms “You” and “Your” refer to corporations or other businesses entities, and their agents, and to individuals using this site for personal business, respectively and as applicable.

By using the Software or any of the TRAK-1 services (the “TRAK-1 Services”), you agree to be bound by the provisions of the TRAK-1 Terms of Service (the “Terms of Service”), available on or through https://trak-1.com, and provided below.

Disclaimer of Endorsement

This Internet site contains hypertext links to information created and maintained by other public and private organizations. These links are provided for your convenience. You agree that TRAK-1 is not responsible for the availability of, or the content located on or through, any external site. Additionally, TRAK-1 does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse or recommend any views expressed or products or services offered on these outside sites, or the organizations sponsoring these sites.

Your Representations

You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of TRAK-1 or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark.

You represent and warrant that you are at least 18 years old.

TRAK-1 Terms of Service This Agreement and the TRAK-1 Terms of Service available on or through https://trak-1.com/ (the “TRAK-1 website”), including the TRAK-1 Privacy Policy, Acceptable Use Policy, Usage Notices and any other applicable Terms of Service available therein shall apply to any use of the Software and the TRAK-1 Services. The Terms of Service additionally shall apply to any use of the TRAK-1 website, any application, plug-in, service, software, component, functionality or program created or made available by TRAK-1 and to any software application that relies on, is supported by, influences the functionality and user experience of, or utilizes, to any extent, directly or indirectly, for its operation, the Software, the TRAK-1 network, system, website, servers, various directories and listings, various message and news boards, tools, information and databases or any part thereof (together with applications created or made available by TRAK-1, (the “TRAK-1 Applications”).

In case of contradiction between any provision of this Agreement and any provision of the Terms of Service, the provisions of this Agreement shall prevail.

Translation

TRAK-1 offers localized and translated versions of the Software, the TRAK-1 Services and this Agreement. TRAK-1 is not necessarily the author of the translation. You are aware that any non-English text provided, whether during the installation process, the registration process, in any of the TRAK-1 Services dialogs, the TRAK-1 website or in connection with the TRAK-1 Terms of Service, is a translation of the original English text, and is provided for convenience only. The translated text may be incomplete or inaccurate. TRAK-1 does not warrant or guarantee the accuracy, correctness or completeness of the translation. In the event of any inconsistency between the translated text and the original English text, the English text shall prevail.

TRAK-1 Services

As part of the Software, TRAK-1 is granting you limited access to the TRAK-1 network, system, website, servers, TRAK-1 Applications, and commercial activities related thereto or any part thereof. The TRAK-1 Services or any part thereof, may also be accessible by or through other software applications.

By accepting the terms of this Agreement you agree that TRAK-1 is permitted to limit, deny, create different priorities for different users, update or cancel some or all of the functionality of the TRAK-1 Services at any time, without prior notice.

Changes of Functionality

The TRAK-1 Services or any part thereof, the access to the TRAK-1 Services granted to you or to any other user, and the availability and functionality of any TRAK-1 feature and function, including without limitation the TRAK-1 Applications, may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by TRAK-1 in its sole discretion (collectively “Changes of Functionality”). TRAK-1 may elect to, but is not obligated to, introduce or grant different grades of service and listings policies, different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Software and the TRAK-1 Services, or introduce and add new features in the current or in future versions of the Software and the TRAK-1 Services, including in Software already installed on your computer, that may cause functionality change, limitation or termination of, or addition to, the functionality of features in earlier versions still in use, including Changes in Functionality in privacy and security features (collectively “Grant of Different Services”), at any time without notice, at its sole discretion. You agree to bear the risks of and hold TRAK-1 harmless from any and all effects that the Changes of Functionality and Grant of Different Services may have on you and your ability to use the Software and the TRAK-1 Services, in whole or in part, for communicating with third parties or their ability to communicate with you.

Restrictions on Use

All information and materials on the website, including but not limited to, text, trademarks, logos, graphics and images (the “Materials”), are copyrighted works and other forms of intellectual property of TRAK-1 or third parties who have authorized use of the Materials on this website. TRAK-1 grants you the limited right to display the Materials only on your personal computer or personal wireless device, and to copy and download such Materials provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You agree that you will not modify, edit, alter or enhance the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these terms. Upon termination of this limited right of display, you agree to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you have no legal right, title or interest in or to the Materials other than a limited right of display.

You agree not to (1) create or use any software other than the Software provided by TRAK-1 or any affiliate thereof, to enter your TRAK-1 number and password or to access the TRAK-1 Services, without the express written authorization of TRAK-1; (2) extract information from the TRAK-1 Services, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Software, the TRAK-1 communications protocol or any information available on, derived or extracted from the TRAK-1 Services, or any part thereof; (3) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software and TRAK-1 Services; (4) connect, use, attempt to connect or use in any way the TRAK-1 Services, for any commercial purpose and any other purpose that is not explicitly offered on the TRAK-1 website; or (5) incorporate, integrate or otherwise include the Software or any portion thereof (including the TRAK-1 communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the TRAK-1 Services or any other instant messaging, Internet, or online service.

You further agree to abide by all laws and regulations in effect regarding your use of the Software and the TRAK-1 Services, and you agree to indemnify TRAK-1, its officers, agents, employees and directors for any damages incurred as a result of a violation of this section. Finally, you may not authorize or assist any third party to do any of the things described in this section.

You May Use the TRAK-1 Network for Lawful Purposes Only

You may use the TRAK-1 Services features, offerings and content for lawful purposes only. You may not (1) enter user details of another person with the intention of impersonating that person, (2) enter details, information or materials in violation of the intellectual property rights of any person, (3) enter details, information or materials that TRAK-1 considers to be offensive, or (4) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages.

You may not post on or transmit through the TRAK-1 Services any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, or (5) otherwise violates any law. You also may not undertake any conduct that, in TRAK-1’s judgment, restricts or inhibits any other user from using or enjoying the TRAK-1 Services or the Software, including without limitation the community areas. You agree to indemnify and hold harmless TRAK-1, its officers, directors, owners, agents, information providers, licensors and employees, to the fullest extent of the law, from and against all loss, liability, claims, damage, cost, judgment, penalty and expense (including attorney’s fees) promptly as incurred, directly or indirectly based upon, or arising out of or in connection with a violation of this section. TRAK-1 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Trak-1’s defense of such claim and to reimburse Trak-1 for the costs and expenses of such defense.

Technology Network

You shall not upload, post or otherwise make available on the TRAK-1 website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining whether copyright, trademark or other proprietary right protects such material. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. The posting or submitting of materials on the TRAK-1 website is further governed by the relevant TRAK-1 Terms of Service.

Proprietary Rights

TRAK-1 owns all intellectual property in the TRAK-1 Services and the proprietary TRAK-1 databases, including but not limited to TRAK-1 components and algorithms, and access to the TRAK-1 server complex.

The TRAK-1 Services may contain or link to content provided by third parties or third party websites. All title and intellectual property rights in and to any content which may be accessed through the TRAK-1 website not otherwise owned by TRAK-1, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. TRAK-1 owns a copyright in the selection, coordination, arrangement and enhancement of such content. This Agreement grants you no rights to use such content.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the TRAK-1 website or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the TRAK-1 website without the express permission of TRAK-1. No portion of the content on the TRAK-1 website may be stored in a computer except for personal and non-commercial use.

TRAK-1, The TRAK-1 magnifying glass Logo, THE TRAK-1 NETWORK and/or other TRAK-1 products referenced herein are trademarks and/or service marks of TRAK-1. Other products and companies’ names or marks may be the trademarks or service marks of their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of TRAK-1.

Privacy Policy

By using the TRAK-1 Services, or any part thereof, you agree and acknowledge that the details you elect to post on the various TRAK-1 directories, during the registration procedure or thereafter, including during use of the TRAK-1 Services, are generally available and freely accessible to Internet users and the public, unless explicitly stated otherwise.

TRAK-1 is not responsible for any information, including without limitation, online and offline messages and other forms of interpersonal communications available on or through the TRAK-1 Services, users’ personal data, user posted website material, users’ TRAK-1 White Pages postings, submitted on or through the TRAK-1. Services or residing on the TRAK-1 servers. TRAK-1 may erase, remove, delete, delay, jam or alter any or all of such information without prior notice, for functional or any other reasons.

In order for you to feel comfortable in communicating using the TRAK-1 Services, TRAK-1 has adopted a privacy policy that governs user privacy in communicating via the TRAK-1Services. The TRAK-1 Privacy Policy explains how TRAK-1 collects, uses, and discloses personal information in connection with your use of the TRAK-1 Services, as well as the choices TRAK-1 gives you about such uses and disclosures. You can review the current version of this policy by visiting https://trak-1.com. By your use of any of the TRAK-1 Services, you authorize the collection, use, and disclosure of personal information by TRAK-1 as provided for under TRAK-1’s then-current Privacy Policy.

Monitoring

Unless produced by TRAK-1, the information you access or receive by using the TRAK-1 Services, the various TRAK-1 directories and listings, and information sent to you by other users, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by TRAK-1 in any way. TRAK-1 has the right, but not the obligation, to monitor such content available on or through the TRAK-1 Services, to determine compliance with the TRAK-1 Terms of Service and any other operating rules that may be established by TRAK-1 from time to time. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited any may result in criminal prosecution.

TRAK-1 has the right in its sole discretion to edit, refuse to post or remove any content or other material sent via, submitted to, uploaded to, or posted on or through the TRAK-1 Services. Without limiting the foregoing, TRAK-1 has the right, but not the obligation, to edit or remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of this Agreement or the TRAK-1 Terms of Service, any law, or as is necessary for the protection of user privacy, the avoidance of spam, or as otherwise determined by TRAK-1 in its sole discretion. Users shall remain solely responsible for the content of their messages. You acknowledge and agree that TRAK-1 shall not assume or have any liability for any action or inaction by TRAK-1 with respect to any conduct within the TRAK-1 Services.

Links to Other Services

The TRAK-1 Services contain features and functionalities that may link you or provide you with certain reference and functionality to third parties’ websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services (“Other Services”). These features and functionalities are provided by TRAK-1 only as a convenience. The Other Services are not controlled by TRAK-1 in any way and TRAK-1 is not responsible for the content of any such Other Services, or any link contained therein. The offering of these features does not imply endorsement of the Other Services by TRAK-1. In addition, TRAK-1 does not endorse any service or product that may be offered by any third party advertising through the TRAK-1 Services. In no event shall TRAK-1 be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed through the Other Services.

Third Parties’ Networks

The TRAK-1 Services contain functionalities and services that allow sending, delivering or receiving information between TRAK-1 users and between TRAK-1 users and non-TRAK-1 users, which may be relayed or carried through public, partners’, third parties’ or other networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) (“Third Parties’ Networks”). The Third Parties’ Networks are not controlled by TRAK-1 in any way and TRAK-1 shall not be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Parties’ Networks or the information sent, delivered, relayed, carried or received through the Third Parties’ Networks. Notwithstanding anything herein, TRAK-1 does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Parties’ Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.

Submission of Information

TRAK-1 does not want to receive any confidential, secret or proprietary information and material from you through the TRAK-1 website, TRAK-1’s mail and e-mail addresses, the TRAK-1 Services or in any other way. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO TRAK-1, EXCLUDING PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER USERS THAT ARE NOT SUBSEQUENTLY MADE AVAILABLE TO TRAK-1, WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET. By submitting or sending documents, information or other material (“Material”) to TRAK-1 or by posting information entered on the various TRAK-1 directories and tools, and messages on the TRAK-1 message boards you (1) warrant that you have no rights of any kind to the Material, and that to the best of your knowledge no other party has any rights to the Material; (2) grant TRAK-1 an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, adapt, modify, transmit and distribute the Material in all media; and (3) agree that TRAK-1 is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.

Disclaimer of Warranties

THE SOFTWARE, TRAK-1 SERVICES AND THE INFORMATION PROVIDED IN THE VARIOUS TRAK-1 DIRECTORIES, LISTINGS AND DATABASES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TRAK-1 MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE TRAK-1 SERVICES, THE TRAK-1 SERVERS’ SOFTWARE, THE TRAK-1 WEBSITE OR ANY INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE SOFTWARE, THE TRAK-1 SERVERS’ SOFTWARE, THE TRAK-1 WEBSITE, THE TRAK-1 SERVICES OR THE VARIOUS TRAK-1 DIRECTORIES AND LISTINGS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TRAK-1 DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SOFTWARE, THE TRAK-1 SERVICES AND THE ACCESS TO THE TRAK-1 SERVERS, OR THE INFORMATION PROVIDED IN THE VARIOUS TRAK-1 DIRECTORIES, LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE TRAK-1 SERVICES AND ACCESS TO THE TRAK-1 SERVERS OR THE VARIOUS TRAK-1 DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.

TRAK-1 does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the TRAK-1 Services. TRAK-1 does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the TRAK-1 Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the TRAK-1 Services and the functions or services performed by TRAK-1 will be uninterrupted or error-free; or (4) that defects in the TRAK-1 Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.

Security and Privacy Limitations

You acknowledge that you are aware (1) of security and privacy limitations in the TRAK-1 Services including the limitation of security, privacy and authentication measures and features; (2) that data and information on the TRAK-1 Services may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging or harmful access to, or retrieval of, information and data on your computer; (3) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; (4) that the security and privacy features available on the TRAK-1 Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (5) that by activating certain features such as the “Shared Files” feature, you may provide third parties with certain limited remote access to certain files on your computer. Activating these features increases the risk that third parties will be able to tamper with your computer.

You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files through TRAK-1. Such risks include but are not limited to (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) TRAK-1 users viewing your IP address, and (4) files you share with other TRAK-1 users being redistributed and used without your knowledge.

Limited Liability

IN NO EVENT WILL TRAK-1 BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, THE TRAK-1 NETWORK, THE TRAK-1 SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER ‘INFORMATION’, EVEN IF TRAK-1 SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRAK-1’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to indemnify and hold harmless TRAK-1, its officers, directors, owners, agents, information providers, licensors and employees, to the fullest extent of the law, from and against all loss, liability, claims, damage, cost, judgment, penalty and expense (including attorney’s fees) promptly as incurred, directly or indirectly based upon, or arising out of or in connection with a violation of this Agreement. TRAK-1 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TRAK-1’s defense of such claim and to reimburse TRAK-1 for the costs and expenses of such defense.

In no event will TRAK-1’s liability with respect to this Agreement exceed the greater of (i) the amount you paid (if you paid) to TRAK-1 for the Software, or (ii) the average monthly access fee paid by you to your local telephone company or communication provider, solely and specifically for access to the TRAK-1 Services.

The entire risk as to the quality and performance of the TRAK-1 Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.

Termination

TRAK-1 may at any time terminate your TRAK-1 number or access to the TRAK-1 Services, cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing TRAK-1 numbers or any other details of the users listed on the various TRAK-1 directories and listings for any reason, or no reason at all, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the TRAK-1 Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). TRAK-1 has no obligation to provide you a warning prior to termination of your use of the TRAK-1 Services.

Support

You understand that you use the TRAK-1 Service at your own risk and that any assistance or support for your use of the TRAK-1 Service is provided to you only as a convenience.

Rights and Remedies

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the TRAK-1 Terms of Service, including TRAK-1’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than TRAK-1.

You acknowledge that the TRAK-1 Services contain TRAK-1 proprietary and confidential information, and that disclosure of such information or misuse of the TRAK-1 Services will give rise to irreparable injury to TRAK-1, inadequately compensable in damages. Accordingly, TRAK-1 may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.

Construction

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Transfer of Rights

TRAK-1 may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. For example, and without any limitation, you shall not transfer, assign, sell or offer for sale TRAK-1 numbers, nor purchase or receive such TRAK-1 numbers from any third party.

Changes to Agreement

TRAK-1 may change, from time to time, the TRAK-1 Terms of Service with or without a release of a new version of the Software. We suggest that you check theses Terms of Service periodically for changes. If at any time these Terms of Service are no longer acceptable to you, you should immediately cease all use of the service, provided, however, by continuing to use the TRAK-1 Services, for a period of 30 days after a notice of such change has been provided on the TRAK-1 website or network for the first time, you signify your consent to the new or revised set of the TRAK-1 Terms of Service. Subject to the foregoing, you further agree to be bound by the provisions of the license agreement available on the TRAK-1 website at https://trak-1.com if such license is marked with a more recent date than that on the license agreement that accompanies your Software.

Survival

The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of this Agreement, your use of the TRAK-1 Services, and your use of or access to Premium Services.

Governing Law and Forum

This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of Texas, excluding its conflicts-of-law rules. Please note that your use of the TRAK-1 Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TRAK-1 or relating in any way to your use of the TRAK-1 Services resides in the courts of Harris County, Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Harris County, Texas in connection with any such dispute including any claim involving TRAK-1 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Export Control

You agree to abide by U.S. and other applicable export control laws and not to export, re-export, through downloading or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, including but not limited to Cuba, Iraq, Libya, North Korea, Iran, or Syria, or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading from this website, you are representing that you are not located in any of the prohibited countries. You further agree not to upload to TRAK-1 any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Headings

The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.