Notwithstanding anything herein to the contrary, SecurityTrax LLC may refuse service or terminate service with any User, for any reason, or no reason. In the event that SecurityTrax LLC refuses service or terminates service with any User, said party hereby and forever releases, waives and holds harmless SecurityTrax LLC from said action.
This Agreement may be modified by SecurityTrax LLC, at any time, without notice or the prior consent of User. User, by its continued use of the SecurityTrax LLC Services, Tools, or Sites, hereby consents to any and all modifications or amendments to this Agreement.
Rules of use
Using A Site Or Service Provided By SecurityTrax LLC
While using SecurityTrax LLC Sites, Services and Tools, User will not:
You shall indemnify, defend and hold harmless SecurityTrax LLC, its officers, directors, subsidiaries, principals, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the User's own officers, agents, contractors, or employees under or in connection with any obligation delegated to the User under this Agreement. This indemnity shall survive termination of this Agreement for the maximum period under the law, but in no case shall it survive for less than one year.
1. Disclaimer of Warranties. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THEIR USE OF THE SERVICES ARE AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SecurityTrax LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
a. WITHOUT LIMITING THE FOREGOING, SecurityTrax LLC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET USER'S REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THEIR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER'S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM OR THROUGH SecurityTrax LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
d. LIMITATION OF LIABILITY. USER WILL EXPRESSLY UNDERSTAND AND AGREE THAT SecurityTrax LLC ITS OFFICERS, DIRECTORS, SUBSIDIARIES, PRINCIPALS, AGENTS, VOLUNTEERS, CONTRACTORS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, PERSONAL PROPERTY, INCLUDING BUT NOT LIMITED TO HARDWARE, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SecurityTrax LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT SecurityTrax LLC IS LIABLE TO THE USER FOR ANY CAUSE OF ACTION,USER HEREBY AGREES THAT THE DAMAGES OBTAINED SHALL BE LIMITED TO THE LESSER OF THE ACTUAL BENEFIT RECEIVED BY SecurityTrax LLC FROM USER OR $100.
If a dispute arises between the User and SecurityTrax LLC the User agrees that it will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as SecurityTrax LLC may otherwise agree in writing. Before resorting to these alternatives, User shall contact SecurityTrax LLC, in writing, to detail the Claim, after-which, SecurityTrax LLC shall have fifteen (15) business days to respond to User, prior to User seeking resolution of the Claim through such means as mediation, arbitration, or litigation. SecurityTrax LLC will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Utah as they apply to any agreements entered into and to be performed by SecurityTrax LLC in Utah, without regard to conflict of law provisions. User agrees that any Claim or dispute User may have against SecurityTrax LLC must be resolved exclusively by a state or federal court located in Utah County, Utah, except as otherwise agreed by the parties. User agrees and hereby does submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such Claims or disputes.
Improperly Filed Claims - All Claims User brings against SecurityTrax LLC must be resolved in accordance with this Dispute Resolution section. All Claims filed or brought contrary to the Dispute Resolution section shall be considered improperly filed. Should User file a claim contrary to the Dispute Resolution section, SecurityTrax LLC may recover attorneys' fees and costs for User's improper filing.
In consideration for the use of the Site and the Services, if a dispute arises between User employer, User employees or any other User, resulting from the use of the Site or Services, the parties agree to release, forever discharge, and hold harmless SecurityTrax LLC from and against any and all liability, including attorney fees and costs, that arise from use of the Site or Services.
Last Updated: January 30, 2015
Our Privacy Mission
Information Collection and Use
SecurityTrax collects and stores certain information from or about you that can be used to uniquely contact, identify, or locate you ("Personal Information"). When using the User Interfaces, you may provide us with Personal Information including, but not limited to, your name, home or business address, phone number, email address, payment information, location, or zip code. When you use our Services, you may provide us with certain additional information (e.g., home or business size and account information) in order for us to personalize your Services. SecurityTrax may receive Personal Information that you have provided to our partners to enable SecurityTrax to provide our Services. SecurityTrax may also receive other information from third parties (for example, if you incur a debt to SecurityTrax, we may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
SecurityTrax may collect information regarding your use of the SecurityTrax User Interfaces and Services, including but not limited to: demographic and navigation data, transactional information based on your activities on the User Interfaces (such as page views and data manipulation) and other information from your interactions with the User Interfaces and Services. We receive this type of information from your computer or other electronic device through which you may access, browse, download, receive, or otherwise use the SecurityTrax User Interfaces or Services (each a "Personal Device"), and we may also receive and collect such information from third parties.
Some features of our Services ("GeoServices") use location information. Before GeoServices information can be used or collected, you must first opt-in to activate these Services. If you enable these features, we will automatically collect and store location information from your Personal Device or vehicle you designate which is capable of producing location data (e.g., mobile device, GPS device, or vehicle). This location information may include your current location or places you have recently visited. We also may aggregate this information, but this information will only be used for SecurityTrax's internal purposes and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.
SecurityTrax will not disclose your Personal Information to any other entity except:
In addition, we may disclose your information when the information has been converted to a form that cannot be used to identify you. It may also be necessary for us to disclose your Personal Information in case of a merger or combination with, or acquisition of a portion of its business by, another company or entity, in which case Personal Information collected by SecurityTrax would be expected to be one of the transferred business assets.
SecurityTrax has security measures in place to protect against the loss, misuse, and alteration of your information. For example, we protect your information through a unique username and password, and we protect certain sensitive communications with our website through server authentication and secure connections. However, no method of data transmission is completely secure.
Right to Access, Correct and Delete Personal Information
You may view, update, or delete your Personal Information at any time by logging in and navigating to the ‘My Account' page. These changes will be immediately made to our records. If you wish to stop notifications, you may do so through the User Interfaces.
Cookies and Web Beacons
We may also permit third parties to place or modify cookies on your Personal Device on our behalf. The third parties can use these "tracking cookies" (also known as "third party cookies") to determine if you have visited certain pages on our site or other sites and may use tracking cookies to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personally identifiable information (though they do identify the Personal Device that you use to visit the site) and you can configure your browser to reject tracking cookies.
If you access our Services or the User Interfaces through your Personal Device, we may automatically collect certain information about your Personal Device that could include usage information and statistics, an IP address, Personal Device type and model, browser type, Personal Device ID, domain names, access times, referring website addresses, Personal Device settings and history, and other information collected about your access of the User Interfaces or receipt of communications or notification from SecurityTrax.
Third Party Websites
Visiting our Site from Outside of the United States
California and Delaware Do Not Track Disclosures
SecurityTrax LLC – Privacy
8281 Greensboro Drive, Suite 100
McLean, Virginia 22102
Last updated: August 9th, 2016