These TERMS OF USE (“Terms of Use”) constitute a binding contract between you ( “you” or “user”) and Logismico LLC, a New York LLC (“Company” or “we or “us”) which owns the TeamTracky website (“Website”), regarding the terms under which the Company will provide you with access to the Website.
BY USING THIS WEBSITE OR CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU SIGNIFY YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE (“Acceptance”). You agree that your assent, given electronically, will have the same legal effect as if it had been personally signed by you. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of service for future reference.
Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms of Use.
Account Eligibility
In order to use TeamTracky, you must:
- be at least thirteen (13) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using TeamTracky, you represent and warrant that you meet all the requirements listed above, and that you won’t use TeamTracky in a way that violates any laws or regulations. TeamTracky may refuse your use, close accounts of any users, and change eligibility requirements at any time.
Closing Your Account
You or we may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.
Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide TeamTracky (proprietary rights include but are not limited to licenses, patents, trademarks, service marks, and copyrights). We grant you solely a personal license to use our Website and its content. Any other use of our Website or its contents is prohibited.
Your Proprietary Rights
You represent and warrant that you either own or have the legal permission to use all of the material you upload to this Website. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
Compliance with Laws
You represent and warrant that your use of TeamTracky will comply with all applicable laws and regulations. You’re responsible for determining whether our Website is suitable for you to use in light of any applicable regulations, or laws.
Prohibited Uses
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Website, including but not limited to downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, viruses, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information.
You agree not to post or upload content, including but not limited to any of the following:
- prescription drugs, medical devices; controlled substances and related items
- alcohol or tobacco; unpackaged or adulterated food or cosmetics
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- spam; mis-categorized, over posted, cross-posted, or nonlocal content
- postings or email the primary purpose of which is to drive traffic to a website
- postings or email offering, promoting, or linking to unsolicited products or services
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any good, service, or content that potentially violates the law or legal rights of others.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website, including any downloads from the Website. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. We won’t be held liable for any delays or failure in performance of any part of the Website, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, strikes, power blackouts, earthquake or volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. Our total liability for all claims made about the Website in any month will be no more than what you paid us for the use of the Website the month before. THE FEES FOR THE WEBSITE SET BY THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Indemnity
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms of Use due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms of Use, applicable regulations or laws.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Third Party Disclaimers
We aren’t responsible for the behavior of any advertisers, linked websites, other Subscribers or users.
Waiver
If we don’t immediately take action on a violation of these Terms of Use, we’re not giving up any rights under the Terms, and we may still take action at some point.
Legal Construction
- a) The headers are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms of Use won’t affect the way this Agreement is interpreted.
- b) If it turns out that a section of this Agreement isn’t enforceable, then that section will be edited as little as necessary or) if necessary removed, to make it enforceable, and the rest of the Terms will still be valid.
- c) The fact that we wrote these Terms of Use won’t affect the way this Agreement is interpreted.
- d) These Terms of Use, Acceptable Use Policy, and Privacy Policy you’ve agreed to in writing make up the entire agreement and supersede all prior agreements, representations, and understandings.
- e) Amendments or changes to these Terms of Use won’t be effective until put in writing and accepted by you.
- f) If we don’t immediately take action on a violation of these Terms of Use, we’re not giving up any rights under the Terms, and we may still take action at some point.
Violations of the Terms of Use
We encourage you to report violations of the Terms of Use immediately. If you have a question about whether certain conduct may violate the Terms of Use, you may email us at legal@logismico.com
Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at Logismico LLC, 112 Winter lane, Hicksville, NY 11801 or any addresses as we may later post on the Website.
Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms of Use
Choice of law and Venue
The State of New York’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms of Use or the Website. Any dispute related to the Terms of Use, the Privacy Policy, or the Website itself will be decided by the state and federal courts in Nassau County, New York, and each party will be subject to the jurisdiction of those courts.
Copyright Infringement- DMCA Notice
If copyrighted content that belongs to you was posted without your permission to this Website or sent through one our email system, we want to know about it. Please send notice of the alleged infringement to:
DMCA Agent, Logismico LLC, 112 Winter lane, Hicksville, NY 11801
or to: DMCA@logismico.com
Please include in your notice:
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is being infringed;
- identification of where the infringing material is located on our Website (a URL works best);
- a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
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a statement that
- the information in your notice is accurate, and
- you’re authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.
Finally, a warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded or emailed the content.