You agree not to remove or modify any copyright or other intellectual property notices that appear on the Telecomtrak.com site or any content made available to you through the TelecomTrak.com site (collectively the “Service”). You will not use the Service for resale, service bureau, time-sharing or other similar purposes. You agree not to use the Service in any way that is unlawful or harms Telecom Trak, its service providers, suppliers or any other user.
These Terms and Conditions do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Service on third-party web sites. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Service and provide an index with links to the Service’ web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users. Telecom Trak reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
You will enter a separate agreement with Telecom Trak that defines your monthly costs to be a registered user, areas of the site you can access and other information when you register to become a user of TelecomTrak.com. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Telecom Trak. Telecom Trak requires that each registered user maintain a valid email address and a password, which shall be utilized for logging in to the Telecomtrak.com site. You are not permitted to share your individual logon information with others outside your organization. You are responsible for the activities that occur under your account, login or password. Telecom Trak is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with these Terms and Conditions. Telecom Trak has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms and Conditions herein or abuses its rights related to the TelecomTrak.com site.
Telecom Trak utilizes communication through the TelecomTrak.com site as its primary form of communication with customers. If you register as a user, you hereby acknowledge and grant Telecom Trak the permission to communicate with you through the TelecomTrak.com site or via email (as well as other communication channels such as phone or fax) for mandatory communications concerning TelecomTrak.com account creation and changes to your account. You may also be offered the opportunity to receive other messages from Telecom Trak or its partners but will be given the option to opt out of such communications. Telecom Trak will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will Telecom Trak have any liability for sending any email to its registered users/customers.
Your use of the Service is subject to confidentiality restrictions on you and Telecom Trak. “Confidential Information” means any information relating to TelecomTrak.com or your use of the TelecomTrak.com site unless such information (a) is or becomes generally available to the public or within the industry to which such information relates other than as a result of a breach of this Agreement, (b) is already known by you or Telecom Trak at the time of disclosure (as established by written documentation), (c) becomes available on a non-confidential basis from a source that is entitled to disclose it on a non-confidential basis, or (d) was or is independently developed by or for you or Telecom Trak without reference to the TelecomTrak.com site or your use of the Service. Confidential Information includes, but is not limited to, all information contained inside the registered user sections of the TelecomTrak.com site and all Service “demo” information available to potential future registered users of the TelcomTrak.com site.
Telecom Trak agrees that it will use commercially reasonable efforts to maintain the confidentiality of Confidential Information you submit to Telecom Trak using the TelecomTrak.com site. You agree that you will maintain the confidentiality of and not disclose any Confidential Information of Telecom Trak for any reason.
Use of Telecom Trak’s Confidential Information or the TelecomTrak.com site generally by any entity who is engaged in or may become engaged in the business of assisting in or providing support for others who are engaged in the cable contracting business (“Competitors”) is strictly prohibited. Whether you are a Competitor or not, you are not allowed to use any robot, spider or other automated process to monitor, data mine or copy Telecom Trak products, services or information; decompile, decode or reverse engineer TelecomTrak.com software; or use TelecomTrak.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Telecom Trak may need to disclose your Confidential Information when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial or administrative proceeding, a court order or legal process. If Telecom Trak is served with legal documents that it believes will require it to disclose your Confidential Information, we will notify you of the request (unless we are prohibited by law from doing so) to give you an opportunity to object to the disclosure of your Confidential Information before the judicial or administrative body in which it is being requested. Telecom Trak will use good faith efforts to notify you of the request with sufficient time for you to object to its disclosure. In the event that you do not object to the disclosure or your objection to the disclosure is unsuccessful, you agree that Telecom Trak shall have no liability for disclosure of your Confidential Information where Telecom Trak has a good faith believe that it is required by law to do so.
You agree that any breach of the confidentiality provisions of this Agreement will cause irreparable damage to Telecom Trak and that, in the event of such breach, in addition to any and all remedies at law, Telecom Trak shall be entitled to an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of the confidentiality provisions of this Agreement, without the requirement of posting a bond or undertaking or proving injury as a condition for relief.
Telecom Trak retains information submitted to the TelecomTrak.com site by registered users for three (3) years in accordance with its document retention policy. Telecom Trak has no obligation to keep information submitted by visitors to the TelecomTrak.com site who are not registered users, and you should not assume that Telecom Trak will retain any information submitted by non-registered users. Because Telecom Trak is not required to retain the information for visitors at all and only retains information for registered users for a certain period of time, you should retain your own copies of all materials you submit to the TelecomTrak.com site as well as copies of any reports or other information you receive from the TelecomTrak.com site.
Telecom Trak prohibits the use of the Telecom Trak Service to generate or send unsolicited commercial email (spam). Telecom Trak has the right to revoke the privileges of any user that breaches these terms.
Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress; (c) rights relating to the protection of trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition in any other jurisdiction throughout the world and any and all other proprietary rights relating to intangible property.
Telecom Trak retains all right (including Intellectual Property Rights), title and interest in the TelecomTrak.com site, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Service. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Telecom Trak’s technology or delete or alter author attributes or copyright notices. You shall use the TelecomTrak.com site solely for your own or your organization’s use and shall not allow others to use TelecomTrak.com site under or through your login ID/email and password.
IN NO EVENT SHALL TELECOM TRAK (INCLUDING ANY IF ITS AFFILIATED ENTITIES) OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY, ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL GROUND OF ACTION. NO AGENT OF TELECOM TRAK IS AUTHORIZED TO PROVIDE ANY WARRANTIES RELATING TO YOUR USE OF THE TELECOMTRAK.COM SITE. YOU ACKNOWLEDGE AND AGREE THAT TELECOM TRAK’S AGREEMENT TO MAKE THE TELECOMTRAK.COM SITE AVAILABLE TO YOU DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY TELECOMTRAK OF THE RISK OF ANY OF YOUR DAMAGES, REGARDLESS OF WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL OR ANY OTHER DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE TELECOMTRAK.COM SITE. IN THE EVENT THAT THE ABOVE DISCLAIMER OF LIABILITY IS, FOR ANY REASON, DEEMED INEFFECTIVE, THE MAXIMUM LIABILITY THAT TELECOM TRAK SHALL HAVE TO ANY PERSON, ORGANIZATION OR ENTITY RELATING TO YOUR USE OF THE TELECOMTRAK.COM SITE SHALL BE LIMITED TO THE FEES YOU HAVE PAID TELECOM TRAK, IF ANY, FOR USE OF THE TELECOMTRAK.COM SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING TELECOM TRAK’S RECEIPT OF NOTICE OF A THE PROBLEM OR CLAIM.
You agree to defend, indemnify and hold Telecom Trak and its officers, directors, agents, and employees, harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against any of them relating to your use of the TelecomTrak.com site.
ALL PRODUCTS OR SERVICES DELIVERED THROUGH THE TELECOMTRAK.COM SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TELECOM TRAK MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OR INFORMATION PROVIDED ON THE TELECOMTRAK.COM SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND TELECOMTRAK.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. TELECOM TRAK MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO TELECOMTRAK.COM'S SERVICES WILL BE UNINTERRUPTED. ANY MATERIAL DOWNLOADED FROM TELECOMTRAK.COM'S WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS OR ACCESS TO OR USE OF THE TELECOMTRAK.COMSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TELECOMTRAK.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
This Agreement, and the Service provided by Telecom Trak, shall be governed by the laws of the State of Florida, without reference to any jurisdiction’s conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of Telecom Trak, which retains the right to withhold consent in its sole discretion.
The failure of Telecom Trak to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions shall be a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.
The provisions of this Agreement constitute the entire agreement between you and Telecom Trak and supersedes all previous agreements and understanding, whether oral or written, between you and Telecom Trak with respect to the subject matter of this Agreement.
Last Updated: August 2011