Terms of use
Preface
Please read all of the following terms and conditions (“Terms of Use”) before using the Knox 1845 Holdings LLC (“hereby referred to as TrackWatch (the “Mobile App”). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and TrackWatch. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By accessing and using the Mobile App, you accept, without qualification, these Terms of Use
Customer shall comply with these acceptable use terms, which are incorporated in the subscription agreement between Customer and Knox 1845 Holdings, LLC, owner of the application TrackWatch (hereby referred to as “TrackWatch”):
Customer will not directly or indirectly, (i) use the Services to store or transmit computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs, (ii) use the Services to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the
privacy or intellectual property rights of any third-party, (iii) access or use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking of the performance, functioning or operation of the Services; or to, in any way, compete with TrackWatch, including, without limitation, for the purpose of designing and / or developing any competitive services, (iv) make the Services available to anyone other than Customer or use the Services for the benefit of anyone other than the Customer, (v) sell, resell, rent, lease, offer any time-sharing arrangement, service bureau or any service based upon the Services, (vi) interfere with or disrupt the integrity or performance of the Services or interfere with or disrupt the integrity or performance of any third-party data contained therein, (vii) attempt to gain unauthorized access to the Services or any associated systems or networks or (viii) modify, make derivative works of, disassemble, decompile or reverse engineer the Services or any component thereof or apply any process, technique, or procedure, or make any attempt to ascertain or derive the source code to, or otherwise access any product or other data, materials, item, system or technology owned by TrackWatch or its licensors. Without limiting the foregoing, Customer, Customer and Authorized Individuals will not use any web crawlers, robots or other computer programs or techniques to extract content from the servers hosting the Services in any manner. If any vulnerabilities in the Services come to the attention of Customer, TrackWatch shall be promptly notified of the details of vulnerabilities in the Services that have been discovered. Customer shall use the Services solely in accordance with this Agreement, the applicable documentation and in full compliance with all applicable laws. Customer shall also be responsible for the compliance by the Customer and
the authorized individuals accessing the Services and notify TrackWatch promptly of any unauthorized access to the Services of which Customer becomes aware.
TrackWatch’s business is evolving, and we are not in a position to know today all of the various types of personal data that we may possess or require in the future. But we will keep refreshing our policy, always keeping you up to date. We also commit to have ongoing processes to identify the nature and sensitivity of personal data that will come into our possession and develop appropriate levels of security and protocols for processing, storing and disposing of such data.
Personal and Non-commercial Use Limitation
The Mobile App is for your personal and non-commercial use. TrackWatch hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Mobile App, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, Information, products or services obtained from the Website. Except as specifically approved by TrackWatch, you may not allow others to use your user name and password to access or use any part of the Mobile App. If your password has been compromised for any reason, you should contact TrackWatch immediately for a new password. All Information on the Mobile App is subject to confidential treatment and is made available solely for your authorized use in connection with your usage activities. You are prohibited from using the Mobile App to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Mobile App for any purpose without the prior written permission of TarckWatch. The Mobile App is available only for lawful purposes, and you are prohibited from using the Mobile App e in any way that is fraudulent or illegal or for any fraudulent or illegal purpose.
Privacy
By accessing the Mobile App, you represent and warrant that you have reviewed, and agree to be bound by, Trackwatch’s Privacy Notice and all policies described therein. TrackWatch’s Privacy Notice is available by clicking here or upon request
Disclaimers and Limitations of Liability
The data, information, products and services published on the Mobile App may include inaccuracies or typographical errors and the results obtained therefrom are not guaranteed by TrackWatch or any persons creating or transmitting such data, information, products and/or services. TrackWatch and/or its respective third-party servicers and/or suppliers may make improvements and/or changes in the content and operation of the website at any time without notice. The Mobile App may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons. TrackWatch and/or its third-party servicers and/or suppliers make no representations about the suitability of the data, information, products and services contained on this website for any purpose. all such data, information, products and services are provided “as is” without warranty of any kind. TrackWatch and/or its respective third-party servicers and/or suppliers hereby disclaim all warranties and conditions with regard to this data, information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. your use of the website is at your own risk. you are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from the download of any content from the website. in no event shall TrackWatch and/or its third-party servicers and/or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to this website or with the delay or inability to use this website, or for any data, information, products or services obtained through this Mobile App, whether based on contract, tort, strict liability or otherwise, even if TrackWatch or any of its third-party servicers and/or suppliers has been advised of the possibility of damages. Knox 1845 and any person creating or transmitting the data and information on the website shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. if you are dissatisfied with the data, information, products or services offered at the Mobile App or with the terms and conditions of these terms of use, your sole and exclusive remedy is to discontinue use of and access to the Mobile App.
References to Publications And Other Companies
References to any publication or any other company in the Mobile App are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of TrackWatch or that TrackWatch endorses, recommends or approves the services or products of such companies.
Modification and Monitoring of Mobile App
TrackWatch may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. TrackWatch expressly reserves the right to monitor any and all use of the Mobile App.
Termination and Cancellation
TrackWatch may modify or terminate the Mobile App and terminate your access to the Mobile App without notice at any time and for any reason.
Indemnity
Unless otherwise specified, TrackWatch controls and operates the Website from its offices within the State of Missouri, United States of America. TrackWatch does not claim that materials in the Website are appropriate or available for use in locations other than Missouri. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. These Terms of Use are governed by the laws of the State of Missouri, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of Clayton, Missouri, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and TrackWatch as a result of these Terms of Use or use of the Mobile App. TrackWatch’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of TrackWatch’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by TrackWatch with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. By reviewing or using the Information after accessing the Mobile App, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding (c) you are expected to and will periodically review this page to take notice of any changes made by TrackWatch, and (d) you will use the Information in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as TrackWatch may amend them online or otherwise from time to time and with or without notice to you of such amendments. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use constitute the entire agreement between you and TrackWatch with respect to the Mobile App and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TrackWatch with respect to the Mobile App. You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.