Document Overview
Last Updated: [DATE]
1. Acceptance of the Terms
These Terms of Use ("the Terms") govern your access to and use of the website located at https://tracs-us.com/ ("the Site"), which is operated by Tracs, LLC ("Transportation Consulting Services," "we," or "our").
YOUR USE OF THE SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR ACCESS OUR SITE.
2. Modifications to the Terms
We expressly reserve the right to modify these Terms at any time without prior notice.
Modifications will take effect immediately upon posting an updated version of the Terms on the Site.
It is your responsibility to review these Terms whenever you use the Tracs Site.
Your continued use of the Site following the posting of updated Terms means you consent to and accept the revised Terms current at the time of your visit to the website.
3. Site Access, Content, and Eligibility
A. Purpose and Content
Unless otherwise specified, the Site and all content on it are intended solely to promote and provide information related to our transportation consulting services (Tracs).
B. User Eligibility
The Site is offered and intended for users who are at least 13 years of age or older.
4. Site Changes and Discontinuation
We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or product offered through the Site. This may occur with or without notice and for any reason.
Agreement on Liability: You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
5. Prohibited Uses and Enforcement
A. General Prohibitions
You are prohibited from using the Site for any unlawful purpose or in violation of any applicable federal, state, and local laws, or these Terms.
B. Examples of Prohibited Actions
The following are examples of uses that are strictly prohibited:
Infrastructure Abuse: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Malicious Code: Introducing or transmitting any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Interference: Using any device, software, or other instrumentality to interfere or attempt to interfere with the proper and intended working of our Site.
Hacking/Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site is stored or hosted, or any server, computer, or database connected to the Site.
Automated Access: Using any robot, spider, crawler, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site (except for standard, authorized search engine indexing).
Harmful Content: Posting or submitting any material that is obscene, defamatory, libelous, constitutes an illegal threat, violates the rights of privacy or publicity, or infringes upon any third party’s intellectual property rights.
Cyber Attacks: Attacking the Site via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.
C. Content Monitoring and Removal
If we are notified of user-submitted content that is allegedly defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine, in our sole discretion, whether to modify or remove such content from the Site.
D. Termination and Access Restriction
If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access to the Site.
E. Disclosure of Information
We may disclose any data, documents, or electronic communication received from you if such disclosure is necessary or appropriate: (i) to satisfy any law, regulation, or government request; (ii) to operate the Site properly; or (iii) to protect our rights or property or the rights of our customers, other users of the Site, or third parties.
6. Intellectual Property Rights (IP) and Copyright
A. Ownership of Intellectual Property
All trademarks, service marks, patents, copyrights, and other intellectual property ("Intellectual Property" or "IP") appearing on the Site belong to Tracs, LLC, its affiliates, or third-party licensors.
No License Granted: Your use of the Site does not grant you any right, title, interest, or license to any IP you may access.
Prohibition: Any use or reproduction of the Intellectual Property is strictly prohibited, except as expressly permitted herein.
B. Site Materials
The Site and all content accessed through or on the Site (including text, information, software, images, videos, logos, and graphics, collectively, the “Materials”) are owned by Tracs, LLC, its affiliates, or third-party licensors and are protected by law.
C. Prohibited Use of Materials
You may use the Site for a legitimate personal or business purpose (e.g., inquiring about services). You may not use our Site for your own independent commercial purposes. You must not:
Redistribute/Modify: Distribute, transfer, transmit, copy, modify, or otherwise create derivative works from any of the Materials without our prior written consent.
Reverse Engineer: Decompile, reverse engineer, or disassemble software code or software materials.
Remove Notices: Remove any copyright notice or other proprietary notices from the Materials.
D. Copyright Infringement Notice (DMCA)
If you believe any materials on the Site infringe your copyright, you may request removal by sending written notice to our Designated Agent at: info@tracs-us.com. The notice must substantially include the elements required under the Digital Millennium Copyright Act or DMCA (17 U.S.C. § 512), including identification of the copyrighted work, identification of the infringing material, and your contact information.
8. Your Purchase of Our Services
Our transportation consulting services are governed by service-specific terms and conditions that will be provided to you separately at the time of purchase. Please ensure you review all applicable terms and conditions prior to finalizing your purchase.
9. Security and Privacy
A. Security
We have implemented reasonable safeguards to protect your personal information, but no safeguards can be guaranteed to be completely secure. You must immediately notify us of any security incident concerning your information.
B. User Security Responsibilities
You must treat your username, password, and other security information as confidential and agree not to provide access to the Site using your security information to any other person.
C. Privacy
Our collection, use, and sharing of personal information are explained in more detail in our separate Privacy Notice.
10. Reliance on Contents of the Site
The information presented on the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on the Site's content is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor.
We do not endorse or confirm the accuracy of statements made by users in public areas (e.g., chat rooms) and disclaim all liability arising from reliance on such user-contributed information.
11. Links to Third-Party Websites
The Site may contain links to third-party websites for your convenience of our services. These sites are not under our control. The links do not constitute or imply an endorsement or affiliation by us. We accept no obligation or liability for any linked third-party websites. When you visit a linked site, you are subject to that site's own terms and policies.
12. Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
The Site, its features, and contents are provided to you "AS IS," without any express or implied warranty of any kind. We disclaim any and all warranties, including, but not limited to, warranties of MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE SITE, ITS CONTENTS, AND ANY FEATURES IS AT YOUR OWN RISK.
Sole Remedy: If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
B. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) arising out of or in connection with your use of, or inability to use, the Site.
13. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their employees, officers, and directors from and against all claims, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of a breach of these Terms by you and/or your activities in connection with the Site.
14. Class Action Waiver
15. Governing Law and Jurisdiction
These Terms and your use of our Site shall be governed by and interpreted in accordance with the applicable laws of the United States and the State of Arkansas.
You consent to the exclusive jurisdiction of the federal and state courts located in Arkansas for any action arising out of or relating to these Terms or your use of the Site.
16. Contact Information
If you have any questions or concerns about the Site or these Terms, please contact us at: info@tracs-us.com.