These Terms of Service are a legal agreement between you, and Signaltracks LLC (individually a “Party” and collectively the “Parties”) and govern your use of and access to Signaltracks’ services, and any software, hardware, mobile applications, tools, features, and other products and services that are made available through our website(https://www.signaltracks.com) or otherwise made available by us.
1. DEFINITIONS
1.1 “Account” means the accounts Customer creates, via the Software, to access Customer Data.
1.2 “Affiliate” means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Customer.
1.3 “Apps” means downloadable software, including the mobile device software
1.4 “Authorized User” means Customer’s employees, Affiliates, and/or contractors whom Customer authorizes to use the licensed Signaltracks Software strictly on its behalf.
1.5 “Customer” or “you” means the company or legal entity for which you are accepting these Terms and its Affiliates who enter into Order Forms (for each such Affiliate, solely with respect to Order Forms entered into by it and for so long as it remains a Customer Affiliate).
1.6 “Customer Data” means Customer-specific data captured by Customer’s use of any installed Hardware, data submitted by Customer or by a third party on Customer’s behalf into Apps and Hosted Software, and the analysis, reports, and alerts generated by the Products containing such data.
1.7 “Documentation” means any Signaltracks-provided documentation and policies related to Signaltracks’ provision of the Services and/or Hardware through the Signaltracks website or otherwise made available to Customer by Signaltracks.
1.8 “Equipment” means the vehicle, equipment, asset, building, structure, or item into which Hardware is installed.
1.9 “Firmware” means software embedded in or otherwise running on the Signaltracks Hardware.
1.10 “Hardware” means the hardware devices such as gateways, cameras, sensors, controllers, vision systems, and accessories, and any improvements, developments, modifications, patches, updates, and upgrades thereto that Signaltracks develops or provides.
1.11 “License Start Date” means (i) the day Signaltracks activates the applicable Signaltracks Software license by providing Customer a claim number and access to the Software .
1.12 “Malicious Code” means code, files, scripts, agents, software or programs intended to do harm or allow for unauthorized access, including, for example, viruses, worms, time bombs, and Trojan horses.
1.13 “Order Form” means the applicable Quote or Purchase Order setting forth the purchase or procurement of Signaltracks Products and/or licenses thereto. By entering into an Order Form hereunder, a Customer Affiliate agrees to be bound by these Terms as if it were Customer, and Customer and the applicable Customer Affiliate are jointly and severally liable under such Order Form.
1.14 “Products” means the Hardware and Services. For the avoidance of doubt, Products does not include any Non-Signaltracks Products.
1.15 “Purchase Order” means a purchase order or similar ordering document issued by Customer to Signaltracks and accepted by Signaltracks setting forth the purchase or procurement of Signaltracks Products and/or licenses thereto.
1.16 “Quote” means a quote issued by Signaltracks and executed by the Customer setting forth the purchase or procurement of Signaltracks Products and/or licenses there to.
1.17 “Refund” means an amount refunded to the Customer pursuant to these Terms.
1.18 “Signaltracks Technology” means the Services, Documentation, Service Usage Data, Hardware, and Signaltracks’ trademarks, logos, and other brand features.
1.19 “Signaltracks Software” means the Apps, Firmware, and Software, and any improvements, developments, modifications, patches, updates, and upgrades thereto that Signaltracks develops or provides, Support Services, and Service Usage Data.
1.20 “Signaltracks Software Systems” means the Signaltracks Software and any networks, systems, products, hardware, services, or data of Signaltracks, its providers, its partners, its customers, or any other third party, integrated with or connected to such Signaltracks Software.
1.21 “Services” means the Signaltracks Software and Support Services.
1.22 “Service Usage Data” means any data that is derived from the use of the Products that is anonymized, de-identified, and/or aggregated such that it could no longer directly or indirectly identify any natural person.
1.23 “Software” means the cloud-hosted software platform, including the interface accessed online.
1.24 “Support Services” means the customer support services described at www.Signaltracks.com/support,and Documentation, but excluding any Professional Services.
1.25 “Terms” means these Terms of Service, together with any amendments or addenda that modify these Terms of Service.
2. AGREEMENT TO TERMS.
By clicking a box indicating your acceptance of these Terms, by executing an Order Form or other contract that references these Terms, by purchasing Products or otherwise entering into an Order Form or other contract with Signaltracks, you accept and agree to be bound by these Terms. If you do not agree to these Terms or you are not authorized to access and/or use the Products, you shall not access or use the Products. If you are accessing and/or using the Products on behalf of a company(such as your employer) or other legal entity that is our Customer, you agree to these Terms on behalf of such company or other legal entity, and you represent and warrant that you have the authority to bind such company or other legal entity to these Terms. References to “you” and “your” in these Terms refer to that company or other legal entity, our Customer. You may not use the Products if you are our direct competitor, as determined in our sole discretion, except with our prior written consent.
3. CHANGES TO TERMS OR SERVICES.
Signaltracks may modify the Terms at any time, in our sole discretion. If Signaltracks does so, Signaltracks will inform you by posting the modified Terms to the Services or our website or through other communications with you, our Customer. It is important that you review the Terms whenever Signaltracks modifies them because if you continue to use the Products after Signaltracks has posted or otherwise informed you of the modified Terms, you are indicating to Signaltracks that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not continue to use the Products.
4. CUSTOMER RESPONSIBILITIES.
Customer is responsible for any use of the Services through its account, including all use of the Services by Customer’s Authorized Users and administrators. Customer’s responsibility extends to Authorized Users and administrators, including the use, damage, or misuse of the Hardware, as further set forth in these Terms. Customer is responsible for (a) obtaining consents, approvals, and/or authorizations from any employee and/or third party that are necessary for Signaltracks to collect the Customer Data and (b) complying with any laws necessary to allow the operation of the Services, collection of Customer Data, and permission for Signaltracks to process, store, and transfer Customer Data. In addition, Customer is solely responsible for all of its own software, network and internet connection costs related to its use of the Services (including with respect to any firmware or other software updates released by Signaltracks), including but not limited to mobile phone or mobile network data usage fees and applicable roaming charges which are provided by the Customer’s mobile network provider under the Customer’s separate contracts with them. Signaltracks is not responsible for these data services or any related costs. The Parties’ responsibilities, as it relates to Customer Data, to the extent required by applicable law, are addressed in the Data Protection Addendum which is incorporated as an Additional Term. Customer is responsible for maintaining the required version of Android and iOS operating systems to operate the Services, including any upgrades to tablets and/or mobile devices as necessary to run such versions. Signaltracks does not suggest, control, or monitor the choices Customer makes as to use of the data or changes in Customer’s business operations based on the data. Customer is solely responsible for any use made of the Services and for any data received through the Services. In particular, although the Services are intended to provide Customer with information that can help monitor and improve the efficiency, safety, and compliance record of Customer’s operations, Customer is solely responsible for those and all other aspects of its operations. Customer acknowledges that the Services do not constitute advice as to managing Customer’s operations. Customer acknowledges that the Signaltracks Services alone will not improve efficiency, safety, or compliance.
5. ACCOUNT ADMINISTRATION.
Customer is responsible for designating administrators for its Services accounts, maintaining updated administrator contact information, and managing access by administrators to Customer Accounts. Administrators may have the ability (a) to access, disclose, restrict or remove Customer Data in or from Customer’s Services accounts and (b) to monitor, restrict, or terminate access to Customer’s accounts. Signaltracks’ responsibilities do not extend to a Customer’s internal management or administration of the Services.
6. ACCEPTABLE USES.
1. Although Signaltracks is not obligated to monitor or screen access to or use of the Services or to review Customer Data, Signaltracks has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements.
2. Signaltracks reserves the right, but is not obligated, to remove or disable access to any Customer Data, at any time with notice, if practical, including if Signaltracks reasonably believes Customer Data to be in violation of these Terms or in order to comply with Signaltracks’ legal obligations.
3. Customer acknowledges that Signaltracks does not screen Customer Data or any content that Customer or any third party makes available through the Signaltracks Services, but that Signaltracks shall have the right (but not the obligation) to refuse, move or delete any such content that is made available via the Service.
7. RESTRICTIONS.
Customer will not): (a) reverse engineer, decompile, disassemble, decipher or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (b) modify or create derivative works based on the Services; (c)sell, resell, license, copy, rent, lease, distribute, time-share the Services or otherwise use the Services for the benefit of a third party; (d) remove or alter proprietary notices from the Services, (e) use the Services to create any competitive or other product or service; (f) use the Services for the purpose of benchmark testing or to research the features and functions of the Service without prior written and signed consent from Signaltracks; or (g) use, sell, copy, modify, create derivative works based on, publicly perform, publicly display, or distribute the Signaltracks Output outside of the Services, except for regulatory compliance purposes or otherwise with Signaltracks’ express consent.
8. SUSPENSION.
Signaltracks, in its reasonable discretion, may suspend Customer’s right to use the Services if: (a) Customer’s use of the Services poses a security risk to the Services or may adversely affect the Services, Signaltracks’ systems and/or infrastructure, Signaltracks’ reputation, or a third party; (b) Customer’s use of the Services could subject Signaltracks to liability; (c) Customer violates any applicable law or regulation, these Terms, or any Additional Terms; (d) late and/or non-payments in breach of Section 20, or (e) any default in accordance with Section 21 (Billing Disputes). Signaltracks will use commercially reasonable efforts to provide prompt prior notice of a suspension.
9. RESERVATION OF RIGHTS.
Except for the limited licenses granted to Customer in these Terms, Signaltracks and its licensors own and reserve all right, title, and interest in and to the Signaltracks Technology (including the rights to any text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by us through the Services).
10. SIGNALTRACKS LICENSE.
Signaltracks grants to Customer a limited, non-exclusive, non-sublicensable, non-transferable license for Customer to access and use the Software(including, as required, to use the Hardware) for business purposes during the Services Term. The GPS hardware devices are a one-time purchase and are property of the Customer after Services are cancelled.
11. CUSTOMER LICENSE.
As between Signaltracks and Customer, Customer shall own and reserve all right, title, and interest in and to the Customer Data. Customer grants Signaltracks, its affiliates, and its contractors a worldwide, irrevocable, perpetual, non-exclusive, right to: (a) use, copy, distribute, create derivative works based on, display, and perform Customer Data in order to provide, analyze, support, operate, and improve the Services and its affiliates’ services, and in order to develop new products and services, (b) share the Customer Data with third parties (such as our partners and vendors) bound by confidentiality requirements comparable to those in Section 13.8, and (c) as well as for any other lawful purpose authorized by Customer. Signaltracks may submit Customer’s contact information and billing information related to the timeliness of Customer’s payments to credit rating, credit reporting, or similar agencies. Notwithstanding the foregoing, Signaltracks does not sell any Customer Data to third parties and does not share any Customer Data in any manner that is not otherwise permitted for the business reasons provided herein.
12. SIGNALTRACKS DATA.
Signaltracks may collect and analyze data and information related to Customer’s use and the performance of the Services and related systems and technologies therefrom (‘Signaltracks Data’), in order to enhance the Services for the Customer’s benefit, Signaltracks may use Signaltracks Data for various purposes including to draw insights, improve the Services and/or develop new products and/or services, create, develop and distribute reports and materials about the Services and any other lawful purpose. Any insights drawn from Signaltracks Data may be disclosed to Customer and/or other; provided that, if Signaltracks discloses insights drawn from Signaltracks Data, then such insights in any disclosures will be anonymized and aggregated, will not identify Customer or Customer’s users, and will not be disclosed in a manner that would permit a third party to determine Customer’s or Customer’s users’ identity. Signaltracks owns and reserves all right, title, and interest in and to the Signaltracks Data.
13. SECURITY.
Signaltracks has implemented and maintains commercially reasonable administrative, technical, and procedural safeguards to protect the integrity, and security of Customer Data.
Signaltracks’ responsibilities as they relate to the storage and use of Customer Data and End User Data, to the extent required by applicable law, are addressed in the Data Protection Addendum.
14. COMPELLED DISCLOSURE.
Signaltracks may disclose Customer Data and other information when (a) required by law, regulation or legal process, provided that Signaltracks will use reasonable efforts to give the Customer prior notice of the compelled disclosure, to the extent permitted, and reasonable assistance at the Customer’s cost to contest or limit the disclosure or (b) to prevent or stop activity we consider to be illegal or unethical in our reasonable discretion.
15. GENERAL HARDWARE TERMS.
1. Installation
Customer is solely responsible for installing the Hardware in accordance with Signaltracks’ written instructions and Documentation. The Hardware must be installed and utilized under proper operations with no physical obstructions and interferences. Customer agrees that Signaltracks is not liable for any cost, expense, or damages arising from the installation of the Hardware.
2. Battery Drain
Hardware that is powered by an external power source and connects to the battery of a vehicle or asset and consumes a small amount of power on the vehicle’s battery, which in some vehicles may adversely affect the vehicle while not in operation. Signaltracks is not liable for any consequences of the battery drain associated with use of Signaltracks Services.
3. Compatibility
Customer is solely responsible for determining whether or not the Services and Hardware are compatible with any vehicles utilizing the Services and Hardware. Customer agrees that Signaltracks is not responsible for any cost, expense or damage arising from compatibility issues.
16. SERVICE SPECIFIC TERMS
1. Google maps
Our Services may incorporate certain Google Maps features and content; and your use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
2. Apple Apps
These Terms apply to your use of all the Software, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (each an “Apple Store App”); however, the following additional terms in this Section also apply if you are downloading Apple Store Apps:
1. Customer and Signaltracks acknowledge that these Terms are between Customer and Signaltracks only, and not with Apple, and that Apple is not responsible for Apple Store Apps, the content, maintenance, or support;
2. The Apple Store Apps are licensed to Customer on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services, subject to these Terms as they are applicable to the Services;
3. Customer agrees to only use the Apple Store Apps in connection with an Apple device that Customer owns or controls;
4. In the event of any failure of the Apple Store Apps to conform to any applicable warranty, including those implied by law, Customer may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to Customer will be to refund to Customer the purchase price, if any, of the Apple Store App;
5. Customer acknowledges and agrees that Signaltracks, and not Apple, is responsible for addressing any claims Customer or any third party may have in relation to the Apple Store App and Signaltracks will be responsible for the investigation, defense, settlement, and discharge of any such claim;
6. Both Customer and Motive acknowledge and agree that, in use of the Apple Store App, Customer will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and;
7. Both Customer and Signaltracks acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of Section and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section against Customer as the third-party beneficiary hereof.
17. FEES
1. Customer will pay Signaltracks the fees for the Services set forth in the agreed Order Form on the payment schedule set forth therein.
2. All payments are due in U.S. dollars unless otherwise indicated on the Order Form or invoice. Customer is responsible for providing complete and accurate billing and contact information to Signaltracks and updating Signaltracks of any changes. All fees are non-refundable unless otherwise set forth in these Terms and are not subject to set-off by Customer.
18. INVOICING & PAYMENT
Customer shall pay for the Hardware in full upon placing the Order Form. Notwithstanding the foregoing, Signaltracks may, in its sole discretion, offer NET Terms to the Customer subject to credit approval and under specific conditions agreed upon by both Parties.
Unless otherwise set forth in the Order Form, Customer agrees to pay the monthly fees for the Services as set forth in the agreed Order Form. All monthly recurring payments are due at the beginning of each calendar month. If Customer has provided a credit card to be saved on file in order to be charged for Signaltracks Services, such fees will be charged to such credit card on the first 5 natural days of the month, unless otherwise specified in Customer’s Order Form. If the Customer requires the use of a purchase order or purchase order number, the Customer (i) must provide the purchase order number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to, supersede, or add to these Terms or any Order Form and are otherwise void.
19. CREDIT CARD PAYMENT
1. If Customer provides Signaltracks with credit card information for payment, Customer acknowledges that an invoice may not be sent, and Customer authorizes Signaltracks to charge the credit card for the Services listed in the Order Form on the payment schedule set forth in the Order Form for the Subscription Term and any renewal. Customer also agrees and acknowledges that Signaltracks may charge Customer’s credit card for any required fees, including the Replacement Fees and Restoration Fees. Signaltracks uses a third-party payment processor and Customer’s use of the payment processing service will be subject to the payment processor’s terms and conditions and privacy policy.
2. SIGNALTRACKS MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, RENEWALS, ADDITIONAL ORDERS, AND FEES) WITHOUT FURTHER AUTHORIZATION FROM CUSTOMER UNTIL CUSTOMER PROVIDES PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY SIGNALTRACKS) THAT CUSTOMER WILL TERMINATE THIS AUTHORIZATION OR WISHES TO CHANGE THE PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SIGNALTRACKS REASONABLY COULD ACT.
20. TAXES
Customer is responsible for all taxes related to its purchased Signaltracks Services, except those directly relating to Signaltracks’ net income, gross receipts, or capital stock. Signaltracks will invoice Customer for sales tax when required to do so by the applicable municipality and Customer will pay such tax unless Customer provides Signaltracks with a valid tax exemption certificate authorized by the appropriate taxing authority.
21. LATE PAYMENTS.
In the event that Customer's payment is more than thirty (30) days past due, Signaltracks reserves the right to temporarily interrupt the Services until the overdue payments are made in full. If Customer's account remains past due for ninety (90) days or more, Signaltracks may cancel the Services.
Past due amounts are subject to a finance charge equal to the lower of either 1.5% per month or the highest rate permitted by law from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including professional and attorneys’ fees) incurred by Signaltracks in collecting past due amounts.
22. BILLING DISPUTES
If Customer disputes any invoices or charges, Customer must notify Signaltracks in writing within sixty (60) days after the date that Signaltracks invoices or bills Customer for the disputed amount. Such notice must be sent to info@signaltracks.com. Signaltracks will review such requests along with any documentation provided by Customer and make a good faith determination within thirty (30) days of receipt of such dispute. Customer may withhold payment of any disputed amounts until such determination is made.
23. CONFIDENTIAL INFORMATION.
“Confidential Information” means any technical, financial, or business information disclosed by one Party to the other Party that: (i) is marked or identified as “confidential” or “proprietary” at the time of such disclosure; or (ii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Signaltracks Confidential Information includes any information related to the Products, including the pricing and payment terms thereof, Signaltracks Software Systems, or Signaltracks customers or partners, and any data or information that Signal tracks provides to Customer in the course of providing the Products to Customer. Customer Confidential Information includes Customer Data and any data or information that Customer provides to Signaltracks for the purpose of evaluating, procuring, or configuring the Services (for example, makes and models of vehicles or equipment, vehicle routes, or similar information). Confidential Information excludes information that: (i) is now or hereafter becomes generally known or available to the public, through no breach of the receiving Party’s confidentiality obligations; (ii) was known, without restriction as to use or disclosure, by the receiving Party prior to receiving such information from the disclosing Party; (iii) is acquired by the receiving Party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the receiving Party without use or knowledge of or reference to any Confidential Information of the disclosing Party.
The receiving Party agrees: (i) to maintain the disclosing Party’s Confidential Information in strict confidence; (ii) not to disclose such Confidential Information to any third parties (except for any Affiliates, employees, agents or third party service providers of receiving Party in performing under these Terms under reasonable confidentiality obligations, or except as authorized by disclosing Party); and (iii) not to use any such Confidential Information for any purpose except to perform under these Terms or as authorized by the disclosing Party. Notwithstanding anything to the contrary in these Terms, the receiving Party may disclose the disclosing Party’s Confidential Information to the extent required by law or regulation, provided that, unless prohibited by applicable law or regulation, the receiving Party uses reasonable efforts to give the disclosing Party advance notice of such requirement and reasonably cooperates with the disclosing Party at the disclosing Party’s expense in preventing, limiting, or protecting such disclosure.
24. TERM.
The term of these Terms begins upon the date on which you accept these Terms, by clicking a box indicating your acceptance, by executing an Order Form or other contract that references these Terms, by purchasing Products or otherwise entering into an Order Form or other contract with Signaltracks, a Signaltracks reseller, or any other entity or individual for the purchase of Products or under which Products are made available to you, or by otherwise accessing and/or using the Products, whichever is the earliest, and shall continue until (i) the License Expiration Date for the last active Order Form or other contract you entered into for the purchase of Products or under which Products are made available to you, (ii) you are no longer authorized to access and/or use the Products, or(iii) these Terms are otherwise terminated earlier as provided hereunder, whichever is earliest.
25. TERMINATION.
1. Signaltracks may terminate these Terms, any Order Form, and your access to and use of the Signaltracks Software at its sole discretion, at any time upon notice to you. However, if Signaltracks terminates for its convenience and not as otherwise set forth in these Terms or the applicable Order Form or due to your breach thereof, then Signaltracks will provide you with a Refund.
2. Termination by Customer. The Customer may terminate the Services and these Terms by providing Signaltracks with a written notice of termination. Such termination shall become effective 90 days after Signaltracks' receipt of the termination notice. Upon the effective date of termination, Signaltracks will deactivate the Customer's account and all Authorized User accounts associated with the Customer, and all Customer Data stored in Signaltracks’ systems will be deleted. The Customer acknowledges and agrees that this data deletion is irreversible and that Signaltracks shall not be liable for any loss or damage arising from such deletion.
26. NO CLAIMS.
Customer acknowledges and agrees that Signaltracks is not responsible for filing claims for any vehicles or property that is stolen while using Signaltracks' software and tracking system. Customer understands that Signaltracks' role is to provide software and tracking services, and that it is the Customer's responsibility to secure their vehicles and property. Signaltracks shall not be liable for the loss, theft, or damage of any vehicles or property while under the use of Signaltracks' software and tracking system, and under no circumstances will Signaltracks file claims or be responsible for filing claims for such stolen vehicles or property.
27. PUBLICITY.
Customer hereby grants Signaltracks permission to use the Customer name and logo on Signaltracks’ website, press releases, customer lists, SEC filings, earnings calls, and investor and marketing materials to list Customer as a customer. However, Signaltracks will not use Customer’s name, trademarks, or logos in any other way without Customer’s prior consent.
28. ARBITRATION.
Any dispute arising from or relating to these Terms or Customer’s use of the Products that cannot be resolved by the Parties within a period of sixty (60) days after notice of a dispute has been given by one Party hereunder to the other, shall be finally and exclusively settled by confidential arbitration in San Francisco, California, United States, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. (“JAMS Rules”) then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes. The Parties agree that such arbitrator(s) shall have full authority to award preliminary and permanent injunctive relief, damages, and any other relief available in law, at equity, or otherwise pursuant to applicable law and that any emergency arbitrator(s) appointed in accordance with the JAMS Rules shall have authority to grant emergency relief in accordance with such rules.
29. GOVERNING LAW.
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. Subject to the agreement to arbitrate set forth herein, exclusive jurisdiction and venue for actions arising from or related to these Terms or Customer’s use of the Products will be the state and federal courts located in Harris County, United States, and both Parties consent to the jurisdiction of such courts with respect to any such actions.
30. ACCEPTABLE USE.
Customer may not, and may not allow any third-party including its Authorized Users to, (a) use the Products: (i) for any inappropriate, improper, discriminatory, illegal, or otherwise harmful purpose or (ii) to violate, or encourage the violation of, the rights of others which includes, without limitation, legal rights (e.g., intellectual property or proprietary rights) or human rights (i.e., the rights inherent to all human beings regardless of race, sex, nationality, ethnicity, language, religion, or any other status, including without limitation the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more), each as reasonably determined by Signaltracks; or (b) engage in abusive, harassing, threatening, offensive, or otherwise improper conduct towards Signaltracks or its employees, agents, service providers, partners, or other customers. To report any potential misuse or violation, please email info@signaltracks.com.
31. FORCE MAJEURE.
Signaltracks is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Signaltracks’ reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems.
32. CONTACT INFORMATION.
If you have any questions about these Terms or the Products, please contact Signaltracks at 1 (888) 277-9084.