"TracksRacks account" means a private, password-protected area on the TracksRacks website.
"Company Account Holder" means a company which has a TracksRacks account that manages samples.
"Messenger Account Holder" means a courier service which has a TracksRacks account that transports samples.
"Main user" means the person who signs up for a new TracksRacks account.
"You" means you, the person who accesses and uses the TracksRacks service.
"Your data" means any data you entered or uploaded while using the TracksRacks service.
"Us", "we", and "our" refers to TracksRacks Technologies, LLC.
When you sign up for a TracksRacks account, an account is created for your company (the Company Account Holder) and a legally binding contract is created between the Account Holder and us. Therefore you must ensure that you are authorized to enter into this contract for and on behalf of the Account Holder.
When you sign up for a TracksRacks account, an account is created for your company (the Messenger Account Holder) and a legally binding contract is created between the Account Holder and us. Therefore you must ensure that you are authorized to enter into this contract for and on behalf of the Account Holder.
You need a username and password to access a TracksRacks account. There are two ways to obtain these:
When a TracksRacks account is first created, we will issue the main user (whose details were provided to us when the account was created) with a username and password. The main user becomes the account administrator.
Additional users can obtain their own usernames and passwords if the account administrator accesses their TracksRacks account and uses the "Add an employee" feature on the Employee page which can be accessed via the dashboard.
You can use TracksRacks free for 30 days.
The Account Holder retains ownership of all your data and of all the intellectual property rights you have in your data.
You can ask us at any time to export a complete copy of your data in a Microsoft Excel-compatible format. We will do so as soon as reasonably possible.
If you are a paying customer you are entitled to support on a best-effort basis as per your account plan.
The account administrator can cancel their TracksRacks account at any time. We will remove your data from our system and not invoice you again.
If TracksRacks were to cease operation, you would have the opportunity to export your data in a Microsoft Excel-compatible format.
You must give accurate information when signing up.
You must sign in to TracksRacks with your own username and password.
You must not use TracksRacks if you are one of our competitors, or plan to become one.
You are solely responsible for the accuracy of your data.
You must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair TracksRacks.
You agree to abide by these Terms of Service. If you do not, we have the right to suspend or cancel your account.
After the 30 day free trial, you must cancel your account or you will be invoiced for the next month.
The service is invoiced in advance and invoices are due within 30 days. We have the right to suspend your account if and while an invoice is unpaid after 30 days.
TracksRacks is owned and operated by TracksRacks Technologies LLC, a company registered in New York.
All copyright, trade marks, database rights, and other intellectual property rights in TracksRacks (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you.
We make no guarantee that TracksRacks will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free, or available, especially since we are dependent on the reliability of the internet and your use of your own computer to access TracksRacks. We will try to keep disruptions to a minimum but we may suspend TracksRacks from time to time to carry out maintenance and support work and to investigate unauthorized use. You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run TracksRacks.
You use TracksRacks entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence or for any matter which it would be illegal to limit or attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with TracksRacks (even if we have been advised of their possibility).
Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to TracksRacks (or to our website generally) shall not exceed an amount equal to the subscription fees which the TracksRacks account holder has paid to us in the previous invoicing cycle.
You shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
These Terms of Service, our Privacy Policy, and our Refund Policy describe the entire agreement between you, the TracksRacks account holder and us regarding TracksRacks, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
We reserve the right to change these Terms of Service from time to time without notice and therefore we may impose new or different terms and conditions on your use of TracksRacks. These changes will be posted here on our website and will be effective from the TracksRacks account holder's next subscription renewal. Any new features that augment or enhance TracksRacks, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of TracksRacks will be deemed to constitute acceptance by the TracksRacks account holder of all of the new Terms of Service. These Terms of Service may not otherwise be changed without our written consent.
We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the TracksRacks account holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
If either your or we ignore any breach of these Terms of Service, it does not mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turn out to be invalid or unenforceable for some reason, it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
This policy is effective as of 21 March 2020.
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