Terms of Use
These Terms of Use, together with any Order Form (collectively, the “Agreement”), are a legal contract between you and Tank Track, LLC (“Tank Track,” “we,” “us,” or “our”) and govern your use of our Tank Track and Tank Track Pay software platform (the “Software”) and each of our other products and services (collectively, the “Services”). As part of the Services, you may elect to use integrated payment processing services offered through us and provided by a third party (“Payment Services”). Additionally, our website at https://tanktrack.com (the “Website”) is available for your use and is comprised of various web pages operated by Tank Track. The Services and Website are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. The terms “you” or “your” mean any person or entity that is a current or prospective user of any of our Services or Website.
By signing or electronically accepting an Order Form, accessing or using any of the Services or Website, or otherwise accepting the Agreement, you expressly acknowledge and agree that (i) you have reviewed, understand, accept, and agree to be legally bound by all parts of the Agreement; (ii) you represent and warrant that you have the capacity and authority to agree to the Agreement; and (iii) if you are using our Services or otherwise accepting the Agreement on behalf of a business, you represent and warrant that you have the authority to make purchase decisions on behalf of, act for, and bind the business, and that such business accepts and agrees to be bound by the Agreement.
If you do not agree with any of the terms and conditions in the Agreement, you should not subscribe to or use Tank Track’s Services.
1. Acceptance of These Terms
The Agreement applies to all users of the Services and Website. By accessing or using the Services or Website, you agree to be bound by the Agreement and by all policies incorporated by reference, including our Privacy Policy. If you do not agree, you must not access or use the Services or Website.
2. Accounts and Registration
To access certain features of the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Tank Track promptly of any unauthorized use of your account. Tank Track is not liable for any loss or damage arising from your failure to safeguard your credentials.
3. License to Use the Services
Subject to your compliance with the Agreement and payment of all applicable fees, Tank Track grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services and Software for your internal business purposes during your subscription term. Except as expressly permitted in the Agreement, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services or Software. Tank Track reserves all rights not expressly granted to you.
4. Acceptable Use
As a condition of your use of the Services and Website, you warrant that you will not use the Services or Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services or Website in any manner that could damage, disable, overburden, or impair the Services or Website or interfere with any other party’s use and enjoyment of the Services or Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services or Website.
Without limiting the foregoing, you agree that you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Upload or transmit files that contain viruses, corrupted files, or any other software or programs that may damage the operation of another’s computer or the Services;
- Upload material protected by intellectual property laws unless you own or control the rights or have received all necessary consents;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Falsify or delete any author attributions, legal notices, or proprietary designations;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Use the Services or Website to send unsolicited or unlawful communications, including any communication that violates the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or applicable carrier or messaging requirements; or
- Violate any applicable laws or regulations.
Tank Track reserves the right to investigate and take appropriate action against anyone who, in Tank Track’s sole discretion, violates this provision, including removing offending content, suspending or terminating access, and reporting violators to law enforcement. If you believe a violation of these Terms of Use has occurred, please contact us at the address in the “Contact Us” section below, fully explaining the nature of the alleged violation.
5. User Content and Communication Features
The Services or Website may make available message, chat, posting, or other communication features (collectively, “Communication Features”). You agree to use the Communication Features only to send and receive messages and materials that are proper and related to the applicable feature. Tank Track has no obligation to monitor the Communication Features but reserves the right to review materials and to remove any materials in its sole discretion, and to terminate your access to any or all of the Communication Features at any time without notice for any reason. Tank Track does not control or endorse the content, messages, or information found in any Communication Feature and specifically disclaims any liability with regard to the Communication Features and any actions resulting from your participation.
6. Customer Data
As between you and Tank Track, you retain all right, title, and interest in and to the data, content, and information that you or your Customers submit to or generate through the Services (“Customer Data”), including your customer lists and property information. You grant Tank Track a non-exclusive, worldwide, royalty-free license to host, copy, store, process, transmit, display, and use Customer Data as necessary to provide, maintain, secure, and improve the Services and as otherwise permitted under our Privacy Policy. You are solely responsible for the accuracy, quality, and legality of Customer Data and for obtaining all rights, consents, and authorizations necessary for Tank Track to use Customer Data as contemplated by the Agreement, including any consents required to contact your Customers by telephone, text message (SMS), or email. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, available at https://tanktrack.com, which is incorporated into the Agreement by reference.
7. Ownership of Feedback
You agree that any suggestion or idea provided by you (such as product suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or later developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. Testimonials
We appreciate and encourage your testimonials. When you provide us with a testimonial — whether written, audio recorded, or video recorded — you, together with your business, grant Tank Track the irrevocable right and permission to record, use, reproduce, publish, and distribute your testimonial, together with your likeness, in connection with the promotion and marketing of the Software and related services in perpetuity.
A. No Compensation
You acknowledge voluntarily providing your testimonial, and you further acknowledge that neither you nor your business will receive any payment, royalties, or other compensation, either directly or indirectly, now or in the future, for your testimonial and likeness.
B. Rights to Use
Tank Track has the right to edit, modify, reproduce, publish, and distribute your testimonial and likeness in whole or in part, in any format or medium, including, but not limited to, websites, social media, advertisements, presentations, and promotional materials.
C. Ownership
Tank Track retains full and perpetual ownership of the testimonial and all related rights thereto, and you and your business waive any right to inspect or approve the final version of your testimonial.
D. No Misrepresentation
You acknowledge that the testimonial is truthful and represents your honest opinion about Tank Track’s software and services.
E. Release of Claims
You and your business release Tank Track, its employees, contractors, and affiliates from any claims, demands, or liability related to, or arising out of, either directly or indirectly, the use of your testimonial and likeness, including, but not limited to, claims of compensation, royalties, defamation, invasion of privacy, or rights of publicity.
9. Intellectual Property; Copyright and Trademark
Except for Customer Data, all contents of the Website and Services, including all text, images, graphics, logos, and Software, are the property of Tank Track or the copyright owners who have granted Tank Track permission to use such material, and are protected to the fullest extent under U.S. and international copyright laws. Except as expressly permitted by Tank Track in writing, it is unlawful to reproduce, copy, or distribute any material from the Website or Software.
You may not infringe or use Tank Track’s brand, logos, and/or trademarks, including, without limitation, using TANK TRACK in any business name, email, or URL, or including any of Tank Track’s trademarks and logos, except as expressly permitted by Tank Track. Tank Track reserves all rights not expressly granted to you under the Agreement.
10. Third-Party Services
The Services may integrate with or provide access to third-party products, services, or websites (including the Payment Services) that are not owned or controlled by Tank Track. Your use of any third-party product or service is governed by that third party’s terms and privacy policy, and Tank Track is not responsible for the content, products, services, or practices of any third party. Tank Track does not endorse and is not liable for any third-party products or services, and any dealings between you and a third party are solely between you and that third party.
11. Fees and Payment
The Services made available through the Website include a variety of offerings, some of which are made available for a fee (“Paid Subscription(s)”) and others that are made available on a trial basis (“Trial Subscription(s)”). In order to access Paid Subscriptions and Trial Subscriptions, you will need to create a billing account (“Billing Account(s)”).
If you have a Billing Account, in consideration of your use of any Paid Subscriptions and Trial Subscriptions, you agree to pay applicable fees in the amounts listed in the respective Paid Subscription detail pages and as described below.
When you create your Billing Account for purposes of subscribing to Paid Subscriptions or Trial Subscriptions, you must enter a valid payment method. You must be authorized to use the payment method. You authorize Tank Track to charge you for the Paid Subscription(s) using your payment method and for any Paid Subscription(s) for which you choose to sign up or use while this Agreement is in force. For Trial Subscriptions, you will not be charged during the trial offer period. If you do not cancel your Trial Subscription within the trial offer period, the Trial Subscription will be converted to a Paid Subscription and you will be charged accordingly.
For any Paid Subscription offers with rates on a periodic basis, you agree to pay charges in advance. Tank Track may charge you a different amount than what you approved (subject to local taxes and other applicable charges). If the amount is different from the amount you authorized or the amount Tank Track charged you in the previous period, Tank Track will tell you the amount and the date of the charge at least 10 days before your scheduled billing date. In addition, for any Paid Subscription, Tank Track may bill you for more than one of your prior billing periods together for amounts that have not been paid or processed. If Tank Track informed you that the Paid Subscription will be provided indefinitely or automatically renewed, we may automatically renew your Paid Subscription and you authorize Tank Track to charge you for any renewal term. You may add additional payment methods to your Billing Account. If the primary method you have designated for a particular service is unavailable or invalid for any reason, you authorize Tank Track to charge any other payment method you have on file with Tank Track.
For any Billing Account you create, you also agree to the following:
A. Updates to Your Billing Account
You must keep all information in your Billing Account current, including your billing address and the expiration date of your payment card, otherwise Tank Track may not be able to process a payment and any Paid Subscription to which you have subscribed may be suspended until you update your Billing Account information. You can access your Billing Account at https://tanktrack.com/app/subscription.php, where you can make changes to your Billing Account. You authorize Tank Track to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You may change your payment method at any time. If you tell Tank Track to stop using your payment method, Tank Track may cancel your Paid Subscription(s). Your notice to Tank Track will not affect charges Tank Track submits to your Billing Account before Tank Track reasonably could act on your request.
B. Prices and Price Increases
Prices for Paid Subscriptions may change from time to time, but Tank Track will tell you before any such change. If there is a specific time length and price for your Paid Subscription offer, then that price will remain in force for that time. After the offer period ends, your use of the Paid Subscription content will be charged at the new price. Tank Track will tell you the amount and the date of the new charge at least 10 days before your scheduled billing date. If your Paid Subscription is on a periodic basis (for example, monthly), with no specific time length, then Tank Track will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change. If you do not agree to these changes, then you must cancel and stop using the Paid Subscription content before the changes take place. If you cancel your subscription, then your subscription ends at the end of your current subscription time length or, if Tank Track bills your Billing Account on a periodic basis, at the end of the billing period in which you cancelled. Currency exchange settlements are based on your agreement with your payment method provider.
C. Subscription Plans: Number of Managed Trucks
Tank Track continuously strives to offer competitive, transparent, and simple pricing. Unlike most software companies, we don’t charge extra for additional users, and we don’t charge more for paying monthly instead of annually.
We’ve found that the simplest and most transparent pricing structure is based on the number of trucks a septic business manages with Tank Track: septic businesses that manage more trucks with Tank Track pay more than septic businesses that manage fewer trucks with Tank Track. Our multi-tiered pricing structure also allows us to maintain competitive prices.
Just as we’re transparent with septic businesses about pricing, we trust that septic businesses will be transparent with us about the number of trucks their businesses manage with Tank Track. We don’t require septic businesses to complete any “truck verification process” while signing up for Tank Track; instead, we rely on an old-fashioned “honor policy,” trusting that septic businesses will select subscription plans that accurately reflect the number of trucks their businesses manage with Tank Track. For example, we trust that a septic business that manages 6 trucks with Tank Track will select the Multi-Truck 6-Truck Subscription Plan instead of the Single-Truck 1-Truck Subscription Plan.
If we suspect that a septic business is using Tank Track to manage more trucks than allocated under its subscription plan, we reserve the right to investigate further. If we confirm that suspicion, we also reserve the right, in our discretion, to take any or all of the following actions: (i) assign the septic business to a higher-tiered subscription plan that accurately reflects the number of trucks the business manages with Tank Track; (ii) retroactively charge the septic business the price difference between the lower-tiered subscription plan and the assigned higher-tiered subscription plan; and/or (iii) terminate services.
We realize that, over time, the size of septic businesses, together with the number of trucks their businesses manage with Tank Track, may change. Accordingly, if you have any questions or concerns about this policy, we invite you to contact us.
D. Taxes
The prices for Paid Subscriptions do not include any taxes. You are responsible for any taxes that you are legally obligated to pay.
E. Refund Policy
Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
F. Online Statement; Errors
Tank Track will provide you with an online billing statement for Services provided by Tank Track. This is the only billing statement that Tank Track provides. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT AND TO RETAIN COPIES FOR YOUR RECORDS. Go to https://tanktrack.com/app/payment.php to view or print this statement. If you request a paper copy, we may charge you a retrieval fee. Tank Track will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge, provided that you tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, Tank Track will not be required to correct the error. Statements related to Payment Services will be provided to you by the third-party payment processing provider.
G. Cancelling a Paid Subscription
You may cancel your Paid Subscription at any time, with or without cause. Go to https://tanktrack.com/app/subscription.php to obtain information on cancelling your Paid Subscription. You may continue to access any cancelled Paid Subscription until the end of your then-current billing period, but you will not be charged again for that Paid Subscription. Cancellation of the Paid Subscription by you will not alter your obligation to pay all charges made to your Billing Account or any amounts otherwise due.
H. Late Payments
Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when Tank Track bills you for them. The late charge will be the lesser of 5% of the unpaid amount each month or the maximum rate that is permitted by law. Tank Track may use a third party to collect past due amounts. You must pay for all reasonable costs Tank Track incurs to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. Tank Track may suspend or cancel your Services if you fail to pay in full on time.
I. Access Charges
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Services and Website. You are solely responsible for any costs you incur to access the Services and Website through any wireless or other communication service.
J. Communications
All communications may be via electronic media or via email at such address provided in your account with Tank Track.
12. Payment Services Terms
Part of our Services may include one or more third-party payment processing solutions that are integrated with our Software, permitting you to process card payments from your customers (“Customers”). You will be required to apply for the Payment Services through our integration, be accepted by a third-party payment processing provider, and enter into a separate contract with such payment processing provider (“Merchant Agreement”).
A. Information Sharing
By entering into this Agreement, you consent to Tank Track sharing your information and data with the payment processing provider. You also agree that such consent covers the payment processing provider’s sharing of such information in connection with the provision of Payment Services with its processors, vendors, sponsoring financial institutions, and the card associations such as Visa and Mastercard (collectively, together with the payment processing provider, “Payment Services Providers”).
B. Warranty Disclaimers
FOR CLARITY, THE WARRANTY DISCLAIMERS IN THE TERMS OF USE ABOVE SHALL APPLY TO THE PAYMENT SERVICES.
C. Limitation of Liability
WITHOUT LIMITING THE LIABILITY DISCLAIMER IN THE TERMS OF USE ABOVE, ALL OF WHICH APPLY TO THE PAYMENT SERVICES, THE FOLLOWING CLARIFICATIONS AND LIMITATIONS SHALL ALSO APPLY TO THE PAYMENT SERVICES. TANK TRACK SHALL ONLY BE LIABLE FOR ITS OWN ACTS OR OMISSIONS AND NOT FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES INCLUDING, WITHOUT LIMITATION, THE PAYMENT SERVICES PROVIDERS. THIS EXCLUSION EXPRESSLY APPLIES TO ACTS OR OMISSIONS OF ANY THIRD PARTY AND FOR EVENTS OR ACTIVITIES ORIGINATING OUTSIDE THE SYSTEMS OF TANK TRACK (SUCH AS INTERNET DISTURBANCES OR MALFUNCTIONS IN THIRD PARTY SYSTEMS), EXCEPT IN CASE SUCH EVENTS WERE CAUSED BY THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF TANK TRACK.
By way of example and not as a limitation, Tank Track shall not be liable for, and you expressly release Tank Track from, all liability, damages, costs, losses, and expenses arising directly or indirectly from:
- Any Payment Services Provider’s failure to perform any of its obligations under the related Merchant Agreement including, without limitation, its failure to timely and accurately deliver settlement proceeds to you;
- Payment Services Provider’s failure, either through the fraud control tool or independently, to identify and block fraudulent transactions or transactions involving other criminal activities; and
- Late or non-performance, insolvency or bankruptcy of any Payment Services Provider due to which you receive late settlement, partial settlement, or no settlement at all for processed transactions or you incur other harm.
D. Indemnification
You shall indemnify and hold Tank Track, its parent, subsidiaries, affiliates, officers, managers, directors, shareholders, members, employees, agents, and representatives harmless from and against all claims, losses, liabilities, damages, penalties, judgments, taxes, and expenses (including, without limitation, collection and attorneys’ fees) arising out of or in connection with: (i) breach of any warranty, covenant, or agreement or any misrepresentation by you under these Payment Services Terms or the Merchant Agreement; (ii) your, or your employees’, agents’, or representatives’ negligence or willful misconduct; (iii) your, or your employees’, agents’, or representatives’ acts or omissions in connection with transactions processed through the Payment Services, Customer disputes, Customer service related issues, your business or operations, or otherwise arising from your provision of products and services to Customers; (iv) your use of the Payment Services; or (v) any third party indemnifications Tank Track is obligated to make, or liabilities or other obligations Tank Track may incur, as a result of your acts or omissions (including, without limitation, indemnifications of or liabilities to, any Payment Services Provider). For clarity, your indemnification obligations expressly include, but are not limited to, claims by Payment Services Providers for payments of fines and any other sums withheld from amounts otherwise due to Tank Track as a result of your acts, omissions, liabilities, and obligations.
E. General Payment Services Provisions
Your use of the Payment Services is conditioned on you being approved by Payment Services Providers and shall be subject to you agreeing to a Merchant Agreement.
The section headings are for convenience only and do not define, limit, or describe the scope or intent of these Payment Services Terms.
Tank Track is entitled to, at any time, assign, novate, or otherwise transfer the Payment Services Terms to a third party, without your prior consent. You shall not assign or transfer your rights or delegate your responsibilities under these Payment Services Terms without Tank Track’s prior written consent. Failure to obtain our consent may result in a termination of these Payment Services Terms. Any permitted assignee or successor entity must provide such additional information and execute such additional documentation or take any further actions as Tank Track or Payment Services Providers may request in order to ensure continued processing of transactions in accordance with these Payment Services Terms.
13. SMS / Text Messaging Program
If you opt in to receive text messages from Tank Track, or if you use the Services to send text messages to your Customers, the following applies. By providing a mobile number and opting in, you consent to receive recurring automated transactional and, where applicable, promotional text messages from Tank Track at that number. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchasing any product or service. You may opt out at any time by replying STOP, and you may reply HELP for help. You are responsible for obtaining all consents required to send text messages to your Customers through the Services and for complying with all applicable laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices. Our collection, use, and sharing of mobile information is described in our Privacy Policy. Mobile information and text-messaging consent are not shared with third parties or affiliates for marketing or promotional purposes.
14. Term and Termination
The Agreement remains in effect for as long as you use the Services or maintain a Billing Account. Tank Track reserves the right, in its sole discretion, to suspend or terminate your access to the Services or Website, or any portion thereof, at any time, with or without notice.
In the event that your Software subscription is terminated, you will have a period of 30 days within which to download your user-supplied content, including your customer list and property information. Tank Track agrees to retain all user-supplied content for a period of 90 days after the termination of your Software subscription. Thereafter, Tank Track may delete or destroy any and all user-supplied content and data at its discretion.
Upon termination, all rights and licenses granted to you under the Agreement will immediately cease. Any provision of the Agreement that by its nature should survive termination will survive, including, without limitation, provisions regarding fees and payment, the Payment Services Terms, ownership and intellectual property, Feedback, disclaimers, limitations of liability, indemnification, and governing law.
15. Disclaimer of Warranties
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE SERVICES AND WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TANK TRACK AND/OR ITS REPRESENTATIVES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES OR WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES OR WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TANK TRACK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SOFTWARE, ANY OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT SERVICES, WEBSITE INFORMATION, OR OTHER WEBSITE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH SOFTWARE, SERVICES, WEBSITE INFORMATION, AND WEBSITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TANK TRACK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, SERVICES, WEBSITE INFORMATION, AND WEBSITE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANK TRACK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY SOFTWARE, SERVICES, WEBSITE INFORMATION, OR WEBSITE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TANK TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TANK TRACK’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES, OR THE WEBSITE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TANK TRACK FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND WEBSITE.
17. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Tank Track and its parent, subsidiaries, affiliates, officers, managers, directors, shareholders, members, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services or Website; (ii) Customer Data or any content you submit, post, or transmit through the Services; (iii) your violation of the Agreement or any applicable law or regulation, including the TCPA or other messaging or privacy laws; or (iv) your violation of any rights of any third party. This Section is in addition to, and does not limit, your indemnification obligations under the Payment Services Terms above.
18. Governing Law and Dispute Resolution
These Terms of Use shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute between you and Tank Track shall be adjudicated by a court of competent jurisdiction located in the State of Delaware, and you and Tank Track agree to submit to the personal jurisdiction of the courts located within the State of Delaware. Notwithstanding the foregoing, Tank Track may enforce its rights in any jurisdiction it deems necessary, in its sole and absolute discretion.
19. Changes to These Terms
Tank Track may revise these Terms of Use at any time by updating this page, and such revisions will be effective upon posting to this page unless otherwise stated. We will take reasonable steps to notify you of material changes, such as by posting a notice on the Services or sending an email where required by law. Please check this page periodically for any changes. Your continued use of the Services or Website following the posting of any revisions will mean you accept those changes. Use of the Services and/or Website constitutes acceptance of these Terms of Use and the Privacy Policy as they may be amended from time to time.
20. General Provisions
Severability
If any provision of these Terms of Use is determined to be invalid or unenforceable under any law, rule, or regulation, such determination will not affect the validity or enforceability of any other provision. The parties shall take all steps to eliminate the provision declared invalid or unenforceable and to replace it with a provision approaching, insofar as possible, the economic objective of the eliminated provision.
Assignment
You may not assign or transfer the Agreement or any of your rights or obligations under it without Tank Track’s prior written consent. Tank Track may freely assign the Agreement, including in connection with a merger, acquisition, reorganization, or sale of assets. The Agreement will bind and inure to the benefit of the parties and their permitted successors and assigns.
Force Majeure
Tank Track will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, labor disputes, internet or telecommunications failures, acts of third parties (including Payment Services Providers), or governmental action.
Notices
All communications may be provided via electronic media or email at the address provided in your account with Tank Track. Notices to Tank Track must be sent to the address in the “Contact Us” section below.
Entire Agreement
The Agreement, together with any Order Form and the Privacy Policy, constitutes the entire agreement between you and Tank Track regarding the Services and Website and supersedes all prior or contemporaneous understandings.
Waiver
Tank Track’s failure to enforce any provision of the Agreement will not be deemed a waiver of that or any other provision.
Relationship of the Parties
Nothing in the Agreement creates any partnership, joint venture, agency, or employment relationship between you and Tank Track.
21. Contact Us
If you have questions about these Terms of Use, please contact us at:
Tank Track, LLC
2810 N Church St, Suite 970301
Wilmington, DE 19802
Email: [email protected]
Last Updated: June 11, 2026
