WEB SITE TERMS-OF-USE AGREEMENT
TIGHT TRACK, LLC WELCOMES YOU TO TIGHTTRACK.COM. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE ("AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
Terms and Conditions:
1. Definitions
a. "TightTrack.com" is a browser based web application that allows subscribers to log and report on many different outdoor moments including, whitetail hunting, fishing (forthcoming) and turkey hunting (forthcoming).
b. A "Subscriber" means an individual person that has subscribed to TightTrack.com, by remitting the appropriate subscription fee to TightTrack.com, and agrees with this Use Agreement
2. Use Of Site
a. This Web site is provided solely for the use of current and future Subscribers of TightTrack.com. Any other use of this site is prohibited.
b. You may not use any features of this site to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii any encouragement of illegal activity;
iv. any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws
v. unauthorized use or disclosure of private, personally identifiable information of others; or
vi. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
c. The subscription includes authorization of access by means of one or more IP addresses for authorized users.
d. A Subscriber may not make TightTrack.com available to anyone other than another Subscriber, whether by telephone link or by permitting access through his or her terminal or computer; or by other similar or dissimilar means or arrangements.
e. The Subscriber is solely responsible for all use (including unauthorized use) of TightTrack.com provided to its IP address(es), and will undertake reasonable and appropriate methods to enforce the terms of this agreement.
f. The Subscriber shall use reasonable efforts to protect the application from any use that is not permitted under this Agreement. Subscriber shall immediately notify TightTrack.com if Subscriber learns of or has knowledge regarding any improper use of this website or the contents thereof. In the event of violation of this agreement, the Subscriber agrees to consider the imposition of further restrictions on access to, and downloading and printing from, the application.
g. The Subscriber is responsible for establishing and maintaining hardware and Internet access to provide access to TightTrack.com. The Subscriber understands that Internet browser software is required to access the database.
3. Terms and Fees
a. A new subscription will become effective after Subscriber has agreed to the terms hereof and TightTrack.com has received the subscription fee. Unless terminated before due to a violation of this agreement, the subscription will be terminated twelve months after its effective date. Subscriber may renew this subscription by paying the annual fee in effect at that time prior to the expiration of the subscription. Each renewal shall be equivalent to accepting the terms-of-us in effect on that date.
b. The annual fee for this subscription is $18 USD. Fees may be raised or lowered by email notice to the subscriber prior to next renewal date. Subscription renewals must be paid on or before the renewal date or the subscription will be suspended and access to all information entered by the subscriber will be prevented until the subscription is renewed.
c. The Subscriber shall be responsible for all costs associated with establishing access to the TightTrack.com application, including but not limited to any telecommunications or other charges imposed by carriers, proprietary network operators and Internet access providers, or licenses for browser software, if any. The Subscriber shall also be responsible for all costs associated with printing from the application.
4. SITE CONTENTS AND OWNERSHIP
a. The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of TightTrack.com and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
b. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described herein.
c. This subscription entitles the subscribers to access TightTrack.com in order to:
i. add personal hunting information to the online journal
ii. print one or more copies in hard copy form of the output of any search; such copies may not be sold and may not be distributed to anyone who is not an Subscriber; and
iii. download search results to hard disk or diskette, provided that such data is not made available to anyone who is not an Subscriber.
d. You must retain all copyright and other proprietary notices on all copies of the contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the contents. Furthermore, under no circumstances may the Subscriber remove, obscure, or modify any copyright or other notices included in the materials; or use materials in a manner that would infringe the copyright therein.
e. Except as otherwise provided in this agreement, TightTrack.com does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
f. The subscriber may only use the information on this web site for non-commercial, educational, instructional, personal, and/or scientific purposes.
g. The subscriber acknowledges that it has no claim to ownership by reason of its use of or access to TightTrack.com. Reverse engineering, copying, publication or republication of application in any form or medium whatsoever, may be done only with specific written permission from TightTrack.com.
5. Suspension or Termination of Access. Without limiting its other remedies, TightTrack.com may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion, if it determines that Subscriber has violated this agreement, or if it determines Subscriber has taken or allowed actions TightTrack.com deems inappropriate.
6. Representations and Warranties
a. TightTrack.com has made and will make good faith efforts to ensure that the application is functioning properly and accurate. However, TightTrack.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like do not warrant functionality or accuracy, and does not warrant that the Subscriber's use of the application will be uninterrupted or error-free, that the results obtained will be useful, that the results will satisfy the user's requirements, or that the subscriber will be permitted to access TightTrack.com at any time.
b. TightTrack.com will not be liable for any delay, down time, or other failure of performance, but will use reasonable efforts to correct any performance problem brought to its attention.
c. TightTrack.com makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. TightTrack.com further expressly disclaims any warranty or representation to Subscribers, or to any third party.
d. The Subscriber shall be responsible for all claims, costs, demands, expenses, and liabilities, including reasonable attorney's fees, resulting from: (i) breach of this Agreement by the Subscriber; and (ii) the Subscriber's negligent use of the application.
e. This site and the information, content, and materials on this site are provided on an "as is," "where is," and "where available" basis. TightTrack.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. to the fullest extent permissible under applicable law, tighttrack.com expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement. You expressly agree that use of this Web site is at your sole risk.
f. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, TightTrack.com does not warrant reliability of any statement or other information displayed or distributed through the site.
g. Due the nature of computers and websites, the information that you enter may be lost. TightTrack.com will attempt to assist you recover that information or material, however will not be liable if same is not recovered.
h. TightTrack.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. TightTrack.com may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
7. Forum.
a. Although the administrators and moderators of TightTrack.com Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and not the owners of TightTrack.com.
b. The owners of TightTrack.com reserve the right to remove, edit, move or close any thread for any reason.
8. Indemnification.
You agree to indemnify, defend, and hold harmless TightTrack.com, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
9. Limitations On Claim
a. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
b. The liability of TightTrack.com for any claim is limited to the refund of the Subscriber’s last annual fee.
10. Hyperlink Disclaimers
a. As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the "Linked Sites").
b. If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
c. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by TightTrack.com.
d. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by TightTrack.com. TightTrack.com does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by TightTrack.com. Links do not imply that TightTrack.com or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of TightTrack.com or any of its affiliates or subsidiaries.
e. Except for links to information authored by TightTrack.com, TightTrack.com is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site.
f. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. TightTrack.com reserves the right to discontinue any Linked Site at any time without prior notice.
g. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
11. Controlling Law, Jurisdiction And International Users
a. This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions.
b. TightTrack.com makes no representation that the materials are appropriate or available for use outside the United States.
c. If you access this site from outside the United States, you will be responsible for compliance with all local laws.
d. You agree to comply with all laws and regulations applicable to your use of this site.
e. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Mason County, Michigan for any disputes with TightTrack.com arising out of your use of this site.
12. Privacy Policy
a. TightTrack.com will take all reasonable measures to keep information entered by the Subscriber confidential and accessible only by the Subscriber through the account created by the Subscriber.
b. TightTrack.com will not, in any form, use the information entered by the Subscriber.
c. Collection of zip codes during the account creation process is used by TightTrack.com for demographic purposes only.
13. Miscellaneous
a. This agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TightTrack.com with respect to this Web site. TightTrack.com may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. TightTrack.com does not and will not assume any obligation to notify you of changes to this Agreement.
b. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
c. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
d. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
e. The Subscriber may not assign or transfer rights under this agreement.
14. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from TightTrack.com solely through electronic transmission. You agree that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.