Terms of Use

Updated: 17th June 2024




1. General

a.  Parties Involved: This Agreement is between Omtrackr. (referred to as “Company,” “us,” “our,” or “we”) and either (i) the User (as defined below), or (ii) if the User represents a legal entity, then that entity (referred to as “you” or “your”). This Agreement governs your use of the Website, so please review it thoroughly. It’s important to note that this Agreement does not modify any terms or conditions in other agreements you have with us or our Affiliates for services, products, or otherwise.

b. Definitions

  • Affiliate: Refers to any entity that currently or in the future (A) directly or indirectly owns or controls Company, is owned or controlled by Company, or is under common ownership or control with Company, and (B) for Company, is under common management with a specific party.
  • Personal Information: Denotes any information that can identify or relate to an individual, or can be used with other information to identify an individual, regardless of whether such information is explicitly regulated by applicable law.
  • Service Provider(s): Represents third-party service providers, vendors, and contractors who offer services to us or on our behalf in support of the Website and our rights under this Agreement.
  • User: Encompasses anyone accessing the Website.

c. Changes to Terms and Website by Omtrackr

  • Omtrackr retains the right to modify this Agreement and the Website as needed. In case of changes to the Agreement, we will update the Website with a new version along with the updated date. These modifications will be applicable to your continued use of the Website. You acknowledge that any changes will be effective immediately upon posting, and you waive the right to receive specific notice of such modifications. It remains your responsibility to review this Agreement whenever you access or use the Website. However, changes to dispute resolution or law and venue provisions (as outlined in Section 14 “Dispute Resolution” and Section 15(a) “Applicable Law and Venue”) will not apply to disputes with prior notice on or before the change date.
  • Your use of the Website following any changes to the Agreement indicates your acceptance of the revised terms. If you do not agree with the amended terms, you must cease using the Website immediately.
  • The features and functionality of the Website are subject to change, and Omtrackr reserves complete discretion over its operation. We may also withdraw, suspend, or discontinue any aspect or feature of the Website at our discretion.

d. Use of the Website by Minors: The Website is not intended for individuals under eighteen (18) years of age. If we determine that you are underage or unable to consent to this Agreement, we reserve the right to terminate your access to the Website or delete any content you have posted, with or without notice.

2. Privacy

a. Overview: At Omtrackr.com, transparency and respect for your privacy are fundamental. Our Privacy Policy, accessible at www.omtrackr.com/privacy-policy/, outlines how we handle the collection, usage, sharing, and processing of your Personal Information gathered from the Website. By using our services, you acknowledge and consent to our Privacy Policy. Please note that this policy may be updated periodically, with changes taking effect immediately upon posting on our Website.

b. Consent for Contact: By interacting with our forms or reaching out to us, you acknowledge our business relationship and agree to be contacted via phone, email, text, or mail by us or our authorized Service Providers. If you opt-in for SMS marketing, you expressly agree to receive promotional messages and can opt-out at any time by replying STOP to any received text. Consent for SMS marketing is not mandatory for Website access, and no purchase is necessary. Standard messaging and data rates may apply.

c. Consent to Share: By using our Website, you grant consent for us to share the Personal Information you provide with our Affiliates, as outlined in our Privacy Policy. Our Privacy Policy also details additional instances where we may share or disclose your Personal Information to third parties.

3. Technical Requirements

Accessing our Website requires internet connectivity through your device. You’re responsible for ensuring internet access and making necessary arrangements for Website access. Any associated charges for internet or mobile usage, including notifications from the Website, are your responsibility. We do not guarantee compatibility with all devices or support from all mobile carriers. Certain features may require JavaScript, cookies, or other technologies, which should be enabled for optimal functionality.

4. Intellectual Property

The Website’s content, structure, visual design, and all other elements, such as text, graphics, logos, software, and more, are either owned or licensed by the Company. These elements are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in Canada, the United States, and other regions. You are not permitted to sell, license, distribute, copy, publish, modify, or create derivative works from the Website without the Company’s express written consent. The Company reserves all rights not explicitly granted in this Agreement. You do not gain any ownership rights to the Website except for the limited rights outlined in this Agreement. The Company will vigorously protect its intellectual property rights related to the Website within the bounds of the law.

5. Usage Rights and Limitations

a. Allowed Usage: Under this Agreement, you receive a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Website and its materials solely for personal use, as defined in this Agreement and any other relevant agreements between you and us.

b. Restrictions on Website Use:

  • You are not permitted to utilize the Website or any of its materials for purposes related to commercial gain on your part.
  • You must agree not to utilize the Website or any of its associated materials for any unintended or unlawful purposes, or in any manner that could potentially cause harm, damage, or disparagement to any other party, including Omtrackr, its affiliates, and its suppliers.
  • Without explicit authorization from us, you are prohibited from engaging in the following activities: (A) altering or modifying the Website or making electronic reproductions, adaptations, distributions, performances, or displays of the Website or any part thereof beyond the intended and functional scope of the Website, except as necessary for reviewing materials or interacting with the Website for its intended purpose; (B) selling, renting, leasing, transferring, distributing, or assigning any rights to the Website or its related materials to any third party; (C) removing or altering any proprietary notices or labels on the Website or its related materials, including author attributions and copyright notices, or using any of our trademarks as meta-tags on other websites or applications; (D) using the Website for purposes of comparative or competitive research; (E) copying, modifying, or deleting any information stored on computer servers controlled by us or any third party, except as permitted by the intended functionality of the Website; (F) using the Website to infringe upon any legal rights of Omtrackr or any third party, including rights related to publicity, privacy, copyright, or other intellectual property rights, or engaging in any harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable actions; (G) accessing or using password-protected, secure, or non-public areas of the Website or accessing data on the Website that is not intended for you, unless specifically authorized in writing by us; (H) impersonating or misrepresenting your affiliation with any person or entity, including Omtrackr, or allowing a third party to use your identification or pretend to be you; (I) using any automated means, such as screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or engaging in any other automated activity for the purpose of obtaining information from the Website without our express written permission; (J) attempting to disrupt, impair, or interfere with the functionality of the Website or any information, data, or materials posted or displayed by us; (K) attempting to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; (L) attempting to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including by submitting viruses, worms, Trojan horses, or other malicious code; (M) posting any content to the Website that includes profanity, obscenity, defamation, discrimination, threats, harassment, violence, nudity, sexual content, hate speech, or content that promotes illegal activities, breaches confidentiality, or contradicts Omtrackr’s mission; or (N) using the Website in any manner that could result in a violation of federal, state, or local laws, rules, or regulations.
  • You are allowed to provide links to the Website, provided that the integrity of the Website’s content is maintained, the link directs to a lawful website that does not engage in illegal or pornographic activities, and the link is promptly removed upon our request.

6. Analytics and User Contributions

a. Your Data Usage Agreement: By using our website, you acknowledge that we have exclusive rights and ownership to all data or statistics (referred to as “Data”) gathered from your activities on the website, whether by the website itself, its employees, agents, or consultants. We reserve the right to use this Data for any commercial or other purposes without compensating you or your successors. Additionally, you grant us a nonexclusive, irrevocable, worldwide, perpetual, and royalty-free right to use and commercialize any Data derived from your use of the website, including user-generated content, ideas, and data, without requiring further consent or compensation.

b. User Material Rights: Any materials or information you provide to us through postings, emails, or other communications regarding our company or the website become our exclusive property, including all intellectual property rights. We may use these submissions for any purpose, commercial or otherwise, without acknowledging or compensating you.

7. Third-Party Content and Service Providers

a. Third-Party Content Disclaimer: Our website may display materials and content from third parties, including advertising and promotional content (“Third-Party Content”). The display of Third-Party Content does not imply any sponsorship, endorsement, or approval by us, and we are not responsible for its timeliness, completeness, or accuracy. Your interactions with third parties accessed through the website are at your own risk, and we disclaim liability for any damages or issues arising from such interactions. Links to third-party websites are provided for convenience only, and we are not responsible for their content or any negative experiences you may encounter on those sites.

b. Service Providers Usage: We may use third-party service providers, such as analytics services, to enhance your experience on the website. By using our website, you grant us the necessary rights to disclose your Personal Information to these service providers for the purpose of providing and improving our services to you, in accordance with applicable laws and our privacy policies.

8. Warranties and Disclaimers

a. Your Assurances. By using Omtrackr.com, you affirm the following:

  • If you’re using the Website on behalf of a business, organization, or any other entity, you have the authority (1) to agree to these terms on its behalf and (2) to bind that entity to this Agreement.
  • You’re at least eighteen (18) years old.
  • You can and will comply with the terms outlined in this Agreement.
  • You’re not currently restricted by Omtrackr or its Affiliates from (1) using the Website or (2) accessing Omtrackr’s or its Affiliate’s products or services.
  • You’ll maintain honesty and professionalism in your use of the Website.

b. Website Availability. You acknowledge that maintaining 100% uptime for the Website is not feasible. We’ll strive to keep the Website running smoothly, but occasional technical issues, routine maintenance, upgrades, and other factors may lead to interruptions or outages. We also retain the right to modify or suspend certain functions of the Website, either temporarily or permanently, with or without notice. You agree that Omtrackr.com and its affiliates are not liable for any direct or indirect consequences resulting from such modifications, suspensions, discontinuations, or interruptions to the Website.

c. Disclaimers: By accessing and using the website and its materials, you acknowledge that you do so at your own risk. Unless explicitly stated otherwise in this agreement, the website (including all materials, user content, and third-party content) are provided on an “as is” and “as available” basis. The company, its affiliates, and suppliers explicitly disclaim any representations or warranties, whether express, implied, or statutory, regarding the website, its content, or any products offered through it. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from trade practices.

We do not guarantee that the materials, content, or products on the website are accurate, complete, appropriate, reliable, or timely. We are not responsible for typographical errors or omissions in pricing, text, or imagery. Additionally, we cannot ensure that the website will meet your specific requirements, or that your access to it will be uninterrupted, error-free, free of harmful components, or secure.

The company and any third party hosting the website on our behalf are not liable for any products, content, or information provided through the website. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.

9. Limitation of Liability

a. In General: We strive to comply with applicable laws to the fullest extent possible. Despite any provisions in this Agreement, our liability, along with that of our affiliates, partners, suppliers, advertisers, officers, employees, agents, contractors, successors, or assignees, is limited to one thousand dollars ($1,000). This limitation encompasses various types of damages, including direct, indirect, special, incidental, exemplary, punitive, or consequential damages. These could arise from contract, equity, tort, or other legal grounds, such as breach of warranty, negligence, or strict liability in tort. The damages could relate to delay, loss of goodwill, data loss or damage, interruptions in data use, loss of money or product use, lost profits, actual or anticipated revenue or savings, or other economic losses. This limitation applies to matters concerning the website, including your use to provide us with information, any links, information, or materials on the website (such as website materials, user content, and third-party content), and any products offered through the website. This applies even if we have been informed of the potential for such damages. These limitations remain in force even if any limited remedies fail to achieve their intended purpose.

b. Time Limit for Claims: Any claims or legal actions related to these Terms of Use or the website must be initiated within one (1) year of the cause of action arising. Otherwise, the claim or action is permanently barred.

10. Responsibility and Protection

By using the Website, you agree to protect and defend Omtrackr.com, its affiliates, directors, officers, partners, employees, agents, contractors, successors, and assigns from any claims, lawsuits, damages, liabilities, losses, costs, expenses (including legal fees and court costs), judgments, settlements, and penalties arising from:

a. Your breach of this Agreement.

b. Your activities related to the Website, including providing us with any information (personal or otherwise).

c. Your use of any links, information, materials, or products offered through the Website.

11. Ending Your Agreement

a. Duration: This Agreement remains in effect as long as you use the Website.

b. Termination: We reserve the right to terminate your access to the Website at any time and for any reason, with or without cause, without prior notice. We may also seek injunctive or equitable relief without needing a bond. We won’t be liable for terminating your access due to a breach of this Agreement or for any other reason.

c. After Termination: Certain sections of this Agreement survive termination, including those related to privacy, proprietary rights, limitations of liability, indemnification, dispute resolution, and applicable law.

12. Copyright Concerns

We take copyright violations seriously and will promptly address any such issues. In cases where material on our website is deemed to infringe upon the copyright or other intellectual property rights of others, we reserve the right to remove it and may also revoke access for the infringing party.

If you believe that your copyrighted work has been posted on our website without proper authorization, or if it has been mistakenly removed, please contact our designated copyright agent using the information provided below. Include the following details in your notification:

(a) Your physical or electronic signature, representing authorization to act on behalf of the copyright owner.

(b) Identification of the copyrighted work or works that have been infringed or removed in error.

(c) A detailed description of the infringing material, along with sufficient information to help us locate it (such as the URL where it appears).

(d) Your contact information, including name, mailing address, telephone number, and email address.

(e) A statement affirming your good faith belief that the use of the copyrighted material is unauthorized or that its removal was a mistake.

(f) A statement confirming the accuracy of the provided information and asserting, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

To report a copyright infringement claim or to submit a counter-notice in response to a takedown, please reach out to us using the contact details available on our website. We appreciate your cooperation in maintaining a respectful and lawful online environment.

13. International Usage

Our Company’s servers and operations are primarily situated in the United States, operating under United States law. For Users outside of the United States and Canada, please note the following:

a) You understand that data protection laws in the United States, Canada, and other countries may differ from those in your country. Despite this, you consent to the transfer, storage, and processing of your information (including submissions and Personal Information) in the United States, Canada, and/or other countries.

b) You agree to abide by all local laws, rules, and regulations, including those of your residing country and the country from which you access our Website. Our Website is not intended for use in jurisdictions where such use would be contrary to law or regulation, or where it would require Company registration within that jurisdiction.

We appreciate your understanding and cooperation in ensuring compliance with relevant laws and regulations.

14. Dispute Resolution

a. Resolution Process: Our aim is to settle any disputes with Users efficiently and without disruption, ideally avoiding costly litigation. To achieve this, we request your cooperation in the following dispute resolution procedure. If you cannot resolve a dispute through regular business channels, please send us a written notice detailing the issues, including any relevant documents and the relief sought. We will promptly respond with our perspective. Subsequently, we will engage in ongoing communication to resolve the matter as quickly as possible.

b. Class Action Waiver: Both you and Omtrackr.com agree that any dispute resolution or litigation, whether in court or through alternative means, will only be pursued on an individual basis. You agree not to initiate any dispute as a class action, representative action, collective action, private attorney general action, or similar.

c. Jury Trial Waiver: By entering into this agreement, both parties acknowledge and waive their right to a jury trial.

15. Miscellaneous

a. Governing Law and Jurisdiction: This Agreement and any disputes related to it will be governed by the laws of (i) Ontario and Canada’s laws if you’re in Canada, or (ii) Maryland and the federal laws of the United States if you’re in the US, without considering conflicting laws from any jurisdiction. You agree that any legal proceedings related to the Website or this Agreement will exclusively occur in (A) Ontario courts and the Federal Court of Canada for Canadian users, (B) Maryland state and federal courts for US users, or (C) any other judicial district decided by the Company for all actions or disputes related to this Agreement.

b. Entire Agreement: This Agreement, along with all incorporated rules, policies, terms, and conditions, constitutes the entire understanding between you and us concerning its subject matter, superseding any prior agreements or communications, whether oral or written.

c. Severability: If any part of this Agreement is found invalid, it will be reformed to the extent necessary or severed if not reformable, without affecting the validity of other provisions.

d. Waiver: No delay or failure in enforcing any provision or right in this Agreement shall be considered a waiver.

e. Assignment: You cannot transfer your rights or obligations under this Agreement without our written consent. We reserve the right to assign our rights or delegate our duties under this Agreement without your consent.

f. Third-Party Beneficiaries: This Agreement benefits you, us, and our respective successors and assigns. It does not confer benefits on any other person or entity.

g. Export Compliance: You agree to comply with export laws and regulations and represent that you are not restricted from doing business in specific countries or with specific entities. You shall not provide access to the Website to any party in embargoed countries or in violation of export laws.

h. Contact Us: For questions or comments about this Agreement or the Website, email us at support@omtrackr.com or write to us at the address below.

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