This agreement governs the relationship between you in your capacity as an internet user. Use of the Website and the Service is conditioned on your acceptance of the terms and conditions specified in this Agreement. If you do not accept these terms and conditions, you may not use the Website or the Service. By using the Website or Service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time.
You warrant that you shall use the Service solely for your own purposes, subject to the terms and conditions of this Agreement.
In order to use the Service, you are required to register with Fair Trak and select a password and user name. You may not (i) select or use as a Fair Trak User ID a name of another person or company with the intent to impersonate that person or company; or (ii) use as a Fair Trak User ID a name that you do not have permission to use. Fair Trak reserves the right to refuse registration of, or cancel a Fair Trak User ID in its discretion. You are responsible for maintaining the confidentiality of Your Fair Trak password and other account information. You agreethat the information you provide Fair Trak will be accurate, complete, and up to date, and if we determine that the information does not meet those standards, or if you violate any of these requirements, we may immediately terminate the Agreement for Your breach and/or suspend your use of the Service. Fair Trak provides the Service only. You are responsible for providing any and all resources that you require in order to access and use the Service, including without limitation internet access and computer hardware.
You are entirely responsible for maintaining the confidentiality of your FairTrak password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:
a. notify us immediately of any unauthorized use of your account or any other breach of security, and
b. exit from your account at the end of each session.
You agree that we shall not be liable for any loss or damage arising from your failure to comply with any provision of this section. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
All features of the Service are offered on a subscription basis. You are responsible for paying the applicable prices for each service you elect to use. The Service may be payable in advance.
All fees associated with using the Service are specified in the Fee Schedule. We may offer alternative fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, but we are under no obligation to offer such alternatives to all users. The actual price you will pay for the Service shall be the price listed in the Billing section of your account or by other agreement.
The Service is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of merchantability, completeness, accuracy, satisfactory quality, and fitness for a particular purpose.
You acknowledge and agree that:
a. It is technically impossible to provide the Service free of faults and that we do not undertake to do so
b. Faults may lead to temporary unavailability of the Service;
c. The Service may include inaccuracies or typographical errors; and
d. The operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
We provide the Service to you solely for your private use. You undertake not to use the Service:
a. For any unlawful purpose;
b. In any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
c. In any way that may damage or disrupt another user’s computer;
d. For the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
e. To transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
f. As a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
g. In a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
h. To transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
i. To create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a Fair Trak employee, manager, host or another user; or
j. To transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
We are concerned about the safety and well-being of all our users, but in particular children. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas are suitable for your child. Children under the age of 13 are prohibited from registering for the Service.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us.
You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you.
You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service.
You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Service shall remain vested in us or our licensors.
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.
We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Agreement.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
The information we gather from customers enables us to personalize and improve our services. We collect the following types of information from our customers:
We may receive and store any information you enter on our website or provide to us in any other way. The types of Personal Information we collect include without limitation your full name, email address, IP address, browser information, username, and any other information necessary for us to provide our services. You may choose not to provide us with certain information, but then you may not be able to take advantage of some features. The Personal Information you provide may be used for such purposes as responding to your requests for certain services, customizing the content you see, and communicating with you about new services.
We receive and store certain types of information whenever you interact with our Website or use our services. Fair Trak automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Website and its components, similar to TV ratings that indicate how many people watched a particular show. Fair Trak only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Website or services so that we can make the Website appealing to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Website or services. We may share this type of statistical data so that our partners also understand how often people use the Website or services, so that they, too, may provide you with an optimal online experience. Again, Fair Trak never discloses aggregate information to a partner in a manner that would identify you personally.
In order to use the service, you will be required to download and install a software application onto computers that you wish to monitor as part of the service. This software, Fair Trak Agent, collects information about the user’s use of the computer that may extend beyond the information collected as part of registration, including without limitation user behavior data such as application usage, website visits, screenshots and idle time. Every account has its own unique agent associated with it. A Fair Trak Agent created for you will only report data to your account.
Fair Trak Agent is not a keystroke-logging application it does not record any keystrokes or mouse movements. Information collected by Fair Trak Agent will only be available to registered users on your Fair Trak account. Administrative users have the ability to delete data that is collected by Fair Trak Agent, and no copy will be retained by the company.
We often receive a confirmation when you open an email from Fair Trak if your computer supports this type of program. Fair Trak uses this confirmation to help us make emails more interesting and helpful. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.
When you receive marketing and promotional email from Fair Trak, you may opt out of receiving further e-mails of those types by following the included instructions to unsubscribe. Fair Trak may send you administrative and customer service-related email messages for which you may not be given the option to unsubscribe. For example, you may receive messages about your account, the provisioning of requested services, system status update messages, and service and security announcements which are mandatory. If you no longer wish to receive administrative and customer-service-related email messages, you must deactivate your Fair Trak account.
For purposes such as improving personalization of our service, we may receive information about you from other sources and add it to your account information. For instance, as part of the configuration of Fair Trak, your account administrator may provide information about you, in order to help you make best use of our system.
Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described immediately below.
Affiliated Businesses:We anticipate that we may become affiliated with a variety of business entities. In certain situations, these businesses may sell items to you through the Website. In other situations, Fair Trak may provide services jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.
Agents:We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Fair Trak’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
Business Transfers:In the event that Fair Trak or substantially all of its assets are acquired, Fair Trak may transfer your Personal Information without your prior notification or consent as one of the transferred business assets.
Protection of Fair Trak and Other Parties:Fair Trak releases Personal Information when we believe release is appropriate to comply with laws; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Fair Trak, our users, or others.
With Fair Trak Personnel: Every Fair Trak account may have one or more account administrators who can configure and manage your Fair Trak account on behalf of you and your organization. You hereby consent to our sharing of Personal Information with your account administrators.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Your Fair Trak account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
Fair Trak takes precautions to ensure the security of your Personal Information and strives to keep it accurate. However, we cannot guarantee that hackers or unauthorized personnel may gain access to your Personal Information despite our efforts.
You can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Website and services.
You are able to add or update certain information on pages. When you update information, however, we often maintain a copy of the unrevised information in our records.