- Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software solely for your personal, informational, non-commercial purposes. However, the Software may not be modified or altered in any way and the Software may not be redistributed.
- Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Tracepack or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and Tracepack reserves the right to terminate the permissions at any time.
- Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Tracepack all of the licenses and rights set forth herein.
Tracepack does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Tracepack on a non-confidential and unrestricted basis.
- Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Tracepack accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Tracepack accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Tracepack accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Tracepack accounts, computer systems or networks.
You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Tracepack immediately of any unauthorized use of your password(s) or account(s).
- No Unlawful or Prohibited Use
Tracepack has no obligation to monitor the Site or screen Content that is on the Site. However, Tracepack reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
- Termination of Use
Tracepack may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Tracepack may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. Tracepack will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Tracepack shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.
- Third Party Web Sites, Content, Products and Services
Tracepack is not responsible for third party content provided on or through the Tracepack site. The site user bears all risks associated with the access and use of such Web sites, third party content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRACEPACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. TRACEPACK MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE.
TRACEPACK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
TRACEPACK RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
- Limitation of Liability
IN NO EVENT SHALL TRACEPACK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
- Exclusions and Limitations
- Note About Minors
Minors are not eligible to use the Site, and we ask that they do not submit any information to us.
- Legal Compliance
You may not access, download, use or export the Site, or the Content provided on or through the Site, that is in violation of African export laws, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any African or foreign agency or authority. You also hereby agree not to directly or indirectly provide or otherwise make available the services and products of Tracepack in violation of any such restrictions, laws or regulations, or without all necessary approvals.
- Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by African laws. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in South Africa. You and Tracepack agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- Contact Information