Temp Trackr Terms and Conditions
Last updated: 5/5/2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://temptrackr.com (the “Site”) or https://app.temptrackr.com (the “Service”) websites operated by Paradynamix (“us”, “we”, or “our”). These Terms constitute a legal agreement that governs your access to, and use of, the Service. These Terms are between us and you, either individually or on behalf of your employer or any other entity which you represent, or for whom you are an authorized agent (“you” or “your”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service
Temp Trackr cloud-based information tracking and organization platform, inclusive of any and all functionalities, application programming interface, and tools offered as part of the Temp Trackr platform, offered via the Site and Service.
Modification or Discontinuation of Service
We reserve the right, at our sole discretion, to modify, replace, or discontinue any feature, functionality, or other tool within the Service without further notice. In the event that material changes are made to the core functionality of the Service, we will notify you through a public notification affixed to the app itself at least 7 calendar days prior to the effective date thereof.
Rights of Temp Trackr
The Temp Trackr Service is the sole and exclusive property of Paradynamix. Your use of the Service is subject to the terms and conditions of these Terms, and given your compliance therein, we grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Service.
Any right not expressly stated in these Terms is reserved by Temp Trackr and Paradynamix.
User Guidelines & Restrictions
These guidelines set forth the prohibited uses of Temp Trackr. Use of the Service in a prohibited manner will result in suspension or cancellation of service without warning and without refund. We have the sole and exclusive right to determine whether any user activity constitutes a prohibited use hereunder.
By use of the Service, you hereby acknowledge and agree to not use the Service in any manner that is prohibited by these Terms. The following actions with respect to the Service are prohibited uses:
- Copying, redistributing, reproducing, transferring, or modifying any part of the Temp Trackr Service, or otherwise making any use of the Service which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of the Service or any part of it;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service or any part thereof except to the extent permitted by applicable law;
- Selling, renting, sublicensing or leasing of any part of the Service;
- Circumventing any territorial restrictions applied by the Service;
- “Crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from or about the Service;
- Using the Service for any purpose (including posting and viewing content) that is not permitted under the laws of the jurisdiction where you use the Service.
- Interfering with the Service, or using it in any way that disrupts, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or any other protection measures applicable to the Service or any part thereof; or
- conflicts with the Terms, as determined by us in our sole and exclusive discretion.
Violation of Terms
If you are, at any point in time, found to be in violation of these Terms, we reserve the right to legally pursue adequate and appropriate recompense from you.
Limitation of Liability
You own all intellectual property in the Content you input into Temp Trackr. You will not hold Temp Trackr and/or Paradynamix liable or responsible for your Content in any way, and, in addition to other provisions in this Agreement with respect to indemnity, and not in replacement thereof, you hereby agree to indemnify and defend us from and of any and all claims of any sort or nature, made by any person or entity with respect to Content you upload, which indemnity and defense shall include, but not be limited to, attorney’s fees and costs, unless any such claim proximately results from the sole gross negligence or intentional conduct of us, or either of us.
In no event shall either party be liable under, or otherwise in connection with these terms for (I) any indirect, exemplary, special, consequential, incidental, or punitive damages; (II) any loss of profits, costs, or anticipated savings; (III) any loss of, or damage to, data, use, business, reputation, revenue, or goodwill; and/or (IV) the failure of security measures and protections, whether in contract, tort, or any other theory of liability or otherwise, and whether or not such party has been advised of the possibility of such damages in advance, and even if a remedy fails of its essential purpose.
Governing Law
These Terms and any action related thereto are subject to the laws of the state of Ohio, United States of America, without regard to choice or conflicts of law principles. Further, you and Paradynamix agree that the Court of Common Pleas of Washington County, Ohio, shall be the sole and exclusive venue in which any claim or action may be filed or prosecuted with respect to any dispute, claim, or controversy that relates to or arises in connection with the Terms (or disputes/claims relating to or arising in connection to them).
Donations
You are not required to pay to access and use the Service. You are given the option to donate to the app developers, Paradynamix. All transactions are optional, final, and non-refundable.
Refunds
You are not entitled to a refund for any reason.
Intellectual Property & License
All Temp Trackr trademarks, service marks, trade names, logos, domain names, computer code (including source code or object code), and any other feature of the Temp Trackr service, (“Materials”), are the sole and exclusive property of us. Except when given express authorization, you may not use our Materials for personal, commercial, or other uses. We reserve all rights to the Materials not expressly granted in these Terms or your contract.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The Service may also contain links to other websites that are owned and controlled by us. When you navigate to another website from a link on the Service and you land at another site belonging to us, you will then be governed under the Terms of Service and Privacy Policy of that site. The Terms and Privacy Policy for Temp Trackr do not apply to any other sites and are superseded by the individual Terms of Service and Privacy Policies of those sites instead. You acknowledge and accept any changes of policy when visiting a site other than Temp Trackr that is still owned and operated by us.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In some cases, we will notify you in advance through a visible onsite notification, as appropriate under the circumstances.
If a revision is material, we will try to provide at least 7 calendar days’ notice prior to any new terms taking effect, except in exigent circumstances. What constitutes a material change or an exigent circumstance will be determined at our sole discretion. Notification of changes will be issued through an onsite notification.
Your continued use of the service after any such change constitutes as your agreement and acceptance of those changes.
Content
Content and stored on your browser when you use the Service. The content that Users enter is private and only viewable to other users on the same device. Content created by you will never be available to Users on a different device. The Content you add into the Service does not belong to the Service. Temp Trackr stores your data using cookies on your browser. If you clear the cookies off of your browser, then your data will be lost.
You are solely responsible for your Content. You agree that if anyone brings a claim against Temp Trackr related to your Content, then, to the extent permissible under local law, you will indemnify and hold Temp Trackr harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
Warranty
The Site and the Service are provided on an “as is”, “with all faults”, and “as available” basis, and without warranties of any kind. We hereby disclaim any and all representations and warranties of any kind, including without limitation warranties and/or representations of merchantability, functionality, title, fitness for a particular purpose and non-infringement, whether express, implied, or statutory.
We do not warrant, and expressly disclaim any warranty or representation, including the access thereto and use thereof, will be uninterrupted, timely, secured, error free, that data won’t be lost, that defects will be corrected, or that the sites and/or service are free from viruses or other harmful code. We further disclaim any and all liability or responsibility for delays, failures, interception, altercation, loss, or other damages you and/or your data may suffer, that are beyond our control.
Except as expressly set forth herein, we do not warrant, and expressly disclaim any warranty or representation that our service (or any portion therein) is complete, accurate, of any certain quality, reliable, suitable for, or compatible with any of your contemplated activities, devices, operation systems, browsers, software or tools, (or that it will remain as such at any time) or comply with any of the laws applicable to you. We further express that we do not warrant, and expressly disclaim any warranty or representation, regarding any content, information, reports or results that you obtain through the Service and/or the Site.
No Waiver
No course of conduct, however persistent, shall be effective to modify the terms and conditions of the agreement, and a failure on our part to exercise any of our rights with respect to any default shall not excuse that or any other default of the same or any other term or condition hereof.
Severability
Whenever possible, each provision of this agreement shall be applied in such manner as to be effective and valid under applicable law, but if any provision of this agreement or the application of any such provision is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the provisions of this agreement remain in full force and effect and are in no way affected, impaired or invalidated, and shall be applied and effective as written.
Indemnification
You agree to indemnify, defend, and hold us, and each of us, harmless from and against all claims, damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Terms; (2) any Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law. In the event any claim is filed where we are, or either of us is, named as a party thereto, we reserve the right to assume control of our defense in connection therewith, but your indemnity of us hereunder shall continue regardless.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Effective Date: 5/5/2020
