ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to ADAPTRAC. Read this page carefully. This webpage states the Terms and Conditions by which you may use ADAPTRAC. By accessing ADAPTRAC, you accept and agree to be bound, without limitation or qualification, to these Terms and Conditions. If you do
not accept any of the Terms and Conditions stated here, do not use the website.
RIGHTS OF ADAPTRAC
ADAPTRAC has the unilateral right to revise these Terms and Conditions at any time, without prior notice, and without posting notice, by revising this webpage. Your continued use of the ADAPTRAC shows your acceptance of all revisions of the Terms and Conditions.
ELIGIBILITY FOR USE
Registration on ADAPTRAC is void where prohibited. Only persons of age 13 or older may register on ADAPTRAC. By registering on ADAPTRAC, you represent and warrant that your registration is not prohibited in your jurisdiction and that you are 13 or older and that you agree to and to abide by all of the Terms and Conditions. If ADAPTRAC believes that a user is under 13, the user registration will be terminated, the user information deleted, and all traceable information by the user removed from the website.
USER INFORMATION, REGISTRATION & DUTY OF SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website (“Registration Data”); (b) maintain the security of your identification and password (if applicable); (c) maintain and promptly update your Registration Data, and any other information you provide including to keep it accurate, current and complete; and (d) be fully responsible for all use of your Registration Data and for any actions that take place using your Registration.
USER CONDUCT AND CONTENT
ADAPTRAC is available only for your personal use. As a condition of your use of ADAPTRAC, you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions or other notices or postings on ADAPTRAC.
Users are solely responsible for all information (“User Content”) in any format (text, links, images, etc.) placed on or sent to ADAPTRAC. ADAPTRAC may, but is not obligated to review, and may remove or delete, any User Content without notice in its sole discretion, including without limitation User Content that in the sole judgment of ADAPTRAC violates the Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
ADAPTRAC may at its sole discretion, limit or terminate the user registration of any person violating the USER CONDUCT Terms and Conditions as well as all removing traceable petitions and signatures of the person.
INTELLECTUAL PROPERTY, FREE SPEECH AND INFRINGEMENT POLICY
Certain ADAPTRAC material, including but not limited to images, videos, postings, information, and code may be is subject to Copyright. Access to, use of, or registration on ADAPTRAC does not create a license to any material to any person. Blogs and postings by ADAPTRAC may be excerpted with attribution but cannot be republished in full without prior written permission of ADAPTRAC.
ADAPTRAC honors free speech and intellectual property rights. ADAPTRAC will remove any allegedly infringing content from ADAPTRAC within a feasibly reasonable time if (a) the content is not protected speech by the Constitution of the United States of America and all ruling pertaining to protected speech or fair use (17 U.S.C. § 107 for copyright, and all rulings pertaining to Trademark Fair Use) and (2) the intellectual property rights owner or verifiable agent properly informs ADAPTRAC by email to legal@ADAPTRAC in a Takedown Notice manner compliant to the Digital Millennium Copyright Act of the specific intellectual property protected material as by the URL of the material showing the material.
Proper notice and identification includes at least:
1) A electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property rights;
2) A description of the material claimed as infringed;
3) A description of where the material claimed as infringed is on the site;
4) The address, telephone number, and email address of the intellectual property rights owner and the verifiable agent;
5) A statement that the signatory has good faith belief that the disputed use is not authorized by the intellectual property rights, the agent or the law;
6) A statement that under penalty of perjury, the signatory believes that the information is accurate and that the signatory is the intellectual property rights owner or authorized to act on the intellectual property rights owner’s behalf.
ADAPTRAC retains the right to “shadow” or other mark the allegedly infringing content considered by ADAPTRAC as protected speech by the Constitution of the United States of America and all ruling pertaining to protected speech or fair use (17 U.S.C. § 107 for copyright,
and all rulings pertaining to Trademark Fair Use) and to identify the intellectual property rights owner and verifiable agent informing ADAPTRAC of the allegedly infringing content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about ADAPTRAC, provided by you to ADAPTRAC are non-confidential and shall become the sole property of ADAPTRAC. ADAPTRAC shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In no event shall ADAPTRAC, its officers, directors, employees, partners, or suppliers be liable to any user or any third party for any damages whatsoever (including, without limitation, any injury, direct, indirect, incidental, consequential, special, exemplary or lost profits) resulting from the use or inability to use the website or the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not ADAPTRAC advised you or is advised of the possibility of such damages.
GOVERNING LAW, VENUE AND JURISDICTION
You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of you use of or registration on ADAPTRAC and these Terms and Conditions shall be final and binding arbitration, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe on or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The County of Alameda, California shall be the sole location of the arbitration. The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a
consumer dispute, ADAPTRAC agrees to pay the arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that neither arbitration nor claim under these Terms and Conditions may be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and you will not agree to, or participate as a plaintiff or witness in any class arbitration proceedings against ADAPTRAC. You agree that any claim, action or proceeding by you related in any way to ADAPTRAC (including your visit to or use of ADAPTRAC) shall be instituted not more than one (1) year
after the cause of action arose and you waive all statutes of limitations to the contrary.
You agree to indemnify and hold ADAPTRAC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use or registration on ADAPTRAC, any User Content, and any other content you or another person or entity post or share on or through ADAPTRAC, your conduct in connection ADAPTRAC or with other Users of ADAPTRAC, or any violation of the Terms and Conditions, or of any law or the rights of any third party.
These Terms and Conditions are the entire agreement between you and ADAPTRAC and govern your use of the ADAPTRAC, superseding any earlier agreements between you and ADAPTRAC. In the case of inconsistencies between these Terms and Conditions and information included in off-line materials, (e.g., promotional materials and mailers), these Terms and Conditions will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of ADAPTRAC to exercise or enforce any right or provision of the Terms and Conditions is not a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Terms and Conditions Copyright © April 2012, Gerald R. Prettyman. Licensed to ADAPTRAC.
To purchase a license for these Terms and Conditions, email firstname.lastname@example.org.