Terms of Service
ClockTrace provides its service (”Service”) under the terms described in this document (”TOS”). If ClockTrace amends the TOS at any time it will post the new version on its website.
2. REGISTRATION OBLIGATIONS
You must register for a membership in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or ClockTrace has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, ClockTrace has the right to suspend or terminate your membership and access to the Service. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify ClockTrace of any unauthorized use of your membership or any other breach of security.
3. MEMBERSHIP, FEES
Individuals may obtain a membership with the Service without paying a fee. ClockTrace will charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, this information will be posted by ClockTrace on the Service. You may use a credit card to pay these fees. When you use a credit card for payment, you represent to ClockTrace that you are the authorized card holder. For recurring fees, ClockTrace will charge your credit card each month. For one-time fees, ClockTrace will charge your credit card once. ClockTrace reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but ClockTrace will not refund any fees that may have accrued to your membership before you cancel it. ClockTrace may also charge you for any sales or use taxes to which the Service is subject.
4. PROHIBITED USES
You agree that you will not:
impersonate any person, including a ClockTrace employee or agent on the Service; violate any law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the TOS; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. OWNERSHIP AND RESTRICTIONS
The license granted in these TOS does not constitute a transfer or sale of ClockTrace’s ownership rights in the ClockTrace Database. ClockTrace retains all right, title, and interest in and to the ClockTrace Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the ClockTrace Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the ClockTrace Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the ClockTrace Database, unless expressly authorized in the TOS.
For teachers or parents, if you want children under the age of 13 to create their own ClockTrace accounts, then you (or your school) assume the responsibility for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means you must notify childrens’ parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the ClockTrace products and services the personal information of children under the age of 13 in order to establish an account or use the ClockTrace products and service. Teachers may, under appropriate, circumstances provide such consent on behalf of parents/guardians.
8. USER WARRANTY
You represent and warrant to ClockTrace: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to ClockTrace; and (c) you will pay all charges that you incur at ClockTrace’s then-current rates.
You will indemnify and hold ClockTrace, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
10. MODIFICATIONS TO SERVICE
ClockTrace reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. ClockTrace will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may provide links to third party web sites. ClockTrace has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. ClockTrace will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
13. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ClockTrace 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 RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ClockTrace OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. LIMITATION OF LIABILITY
ClockTrace WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ClockTrace HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ClockTrace’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO ClockTrace IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
ClockTrace, the ClockTrace logo, and other ClockTrace logos, products and service names are trademarks of ClockTrace. You must not display or use them in any manner.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by ClockTrace to collect fees or recover damages for, or obtain an injunction relating to, ClockTrace’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the Republic of Poland. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
17. GENERAL INFORMATION
ClockTrace may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and ClockTrace and governs your use of the Service, superseding any prior agreements between you and ClockTrace. You also may be subject to additional terms and conditions that may apply when you use other ClockTrace products or services. The TOS and the relationship between you and ClockTrace will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in King County, Washington. The failure of ClockTrace to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.