PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND BEFORE USING THE SERVICES PROVIDED BY INSTANTRAC. BY USING THE INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF USE AS SET FORTH HEREIN.
Instantrac may modify these Terms from time to time by posting them on the Instantrac web site.
The following terms used, as used in these Terms and Conditions, shall have the following meanings:
“Instantrac” means us, Instantrac.
“Customer” means you (including your employees).
“Services” means the research, compilation, editing, programming and other services provided by us, including making available Customer’s access to and use of the Program, and all other services provided by us through this website.
“Information” means the information provided on this site and/or otherwise obtained through use of the Services.
“Program” means the Instantrac software program including all updates, modifications, enhancements or new releases of Instantrac’s application & software.
Instantrac grants you a non-exclusive, non-transferable, limited right to access, use and display the data and the materials provided by the Service thereon.
Instantrac hereby authorizes you to view and use the information provided by the Service only for your commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying of the Materials. Instantrac does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
This site contains intellectual property owned by Instantrac, No material from Instantrac or any Web site owned, operated, licensed, or controlled by Instantrac, or any of its related, affiliated or subsidiary companies (collectively, ” Instantrac”), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Instantrac, except that you may download one copy of the materials on any single computer for your use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Instantrac’s copyright and other proprietary rights.
If you download software from Instantrac, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Instantrac. Instantrac does not transfer title to the Software to you. Instantrac retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
If applicable, upon expiration or termination of a License with respect to particular Information, or upon receipt of Information that is intended to supersede previously obtained Information, unless Instantrac instructs Customer otherwise, Customer will immediately delete or destroy all originals and copies of the Information, as applicable, and upon request, provide Instantrac with certification thereof.
Customer will pay Instantrac in accordance with the subscription/registration. Prices and product descriptions are those set forth in the subscription/registration.
Customer will pay any applicable taxes relating to this Agreement, other than taxes based on Instantrac income and franchise – related taxes.
You are responsible to ensure that the billing information you provide Instantrac is accurate. You agree to promptly notify Instantrac of any changes in your billing information.
Termination and Expiration
The term of this Agreement shall commence upon the installation of your Service, and shall continue on a month to month basis thereafter until terminated as provided for in this Agreement or until superseded by a revised Service Agreement.
You may terminate this Agreement for any reason at any time by providing Instantrac with verbal or written notice of termination, in accordance with the terms of this Agreement.
We may terminate this Agreement (i) at any time without prior notice if you fail to comply in full with any term of this Agreement, or (ii) for any other reason upon thirty (30) days’ notice to you. In the event Instantrac terminates the Service for any reason other than your violation of this Agreement, any fees and charges will accrue through the date of termination but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due).
Though Instantrac and its affiliates use extensive procedures to keep its database current and to promote data accuracy, Customer acknowledges that the Information will contain a degree of error.
All services and information are provided on an “as is,” “as available” basis. other than as explicitly stated in this agreement, Instantrac disclaims all warranties, express or implied, including any warranties of accuracy, completeness, currentness, merchantability or fitness for a particular purpose.
Instantrac does not warrant that the services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of a service, service levels or performance. Instantrac will not be liable for any loss or injury arising out of, in whole or in part, Instantrac conduct in procuring, compiling, collecting, interpreting, reporting or delivering services or information.
Limitation of Liability
In no event will Instantrac, its suppliers, its service providers, or other third party affiliates be liable for any damages whatsoever including but not limited to: direct, indirect, incidental, punitive and consequential damages arising out of the use, inability to use, or the results of use of this service; any websites linked to the service, the materials or information contained at any or all such sites; content anywhere on the internet, whether based on warranty, contract, tort, or any other legal theory; including without limitation of those damages resulting from lost profits, lost data, or business interruption; aggregate liability of Instantrac, or any of its suppliers, sevice providers, or third party affiliates.
Instantrac will not be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through this website, even if Instantrac has been advised of the possibility of such damages.