This website (the “Website”) is comprised of various web pages operated by Tank Track, LLC. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the 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 Website.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board, discussion, or chat resources, news groups, forums, communities, calendars, and other message or communication facilities designed to give you the option to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, but not as limitation, you agree that when using a Communication Service, 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 topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses and mailing addresses, without their individual consent.
Violate any applicable laws or regulations.
Tank Track, LLC has no obligation to monitor these Communication Services. However, Tank Track, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tank Track, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Tank Track, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tank Track, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, size and/or dissemination.
MATERIALS POSTED ON THE WEBSITE
Tank Track, LLC does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively “Submissions”). By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Tank Track, LLC reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in Tank Track, LLC’s sole discretion.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. TANK TRACK, LLC AND/OR ITS REPRESENTATIVES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE 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, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TANK TRACK, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANK TRACK, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TANK TRACK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Tank Track, LLC reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.
In the event that your 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, LLC agrees to retain all user supplied content for a period of 90 days after the termination of your subscription. Thereafter, Tank Track, LLC may delete or destroy any and all user supplied content and data at its discretion.
The Content made available through the Tank Track, LLC website includes 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(s) (“Billing Account(s)“).
If you have a Billing Account(s), 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 Subscriptions 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, LLC 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 for Trial Subscription(s) during the trial offer period. If you do not cancel your Trial Subscription(s) within the trial offer period, such Trial Subscription(s) will be converted to Paid Subscription(s) and you will be charged accordingly.
For any Paid Subscription offers with rates on a periodic basis, you agree to pay monthly charges in advance. Tank Track, LLC 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, LLC charged you in the previous month, Tank Track, LLC 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(s), Tank Track, LLC 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, LLC informed you that the Paid Subscription(s) will be provided indefinitely or automatically renewed, we may automatically renew your Paid Subscription(s) and you authorize Tank Track, LLC 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, LLC to charge any other payment method you may have on file with Tank Track, LLC.
For any Billing Accounts 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, LLC 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://stage.tank-track.com/app/subscription.php, where you can make changes to your Billing Account. You authorize Tank Track, LLC 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, LLC to stop using your payment method, Tank Track, LLC may cancel your Paid Subscription(s). Your notice to Tank Track, LLC will not affect charges Tank Track, LLC submits to your Billing Account before Tank Track, LLC reasonably could act on your request.
b. Prices and Price Increases. Prices for Paid Subscriptions may change from time to time, but Tank Track, LLC 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, LLC 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, LLC 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, LLC 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. Taxes. The prices for Paid Subscriptions do not include any taxes. You are responsible for any taxes that you are legally obligated to pay.
d. Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
e. Online Statement; Errors. Tank Track, LLC will provide you with an online billing statement. This is the only billing statement that Tank Track, LLC 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://stage.tank-track.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, LLC 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, LLC will not be required to correct the error.
f. Cancelling a Paid Subscription. You may cancel your Paid Subscription at any time, with or without cause. Go to https://stage.tank-track.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.
g. 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, LLC 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, LLC may use a third party to collect past due amounts. You must pay for all reasonable costs Tank Track, LLC incurs to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. Tank Track, LLC may suspend or cancel your Service if you fail to pay in full on time.
h. Access Charges. You must provide at your own expense the equipment and Internet connections that you will need to access and use the Tank Track, LLC website. You are solely responsible for any costs you incur to access the Tank Track, LLC website through any wireless or other communication service.
i. Communication. All communications may be via electronic media/via email at such address provided in your account with Tank Track, LLC.
CHOICE OF LAW AND DISPUTE RESOLUTION
All contents of the website, including all text, images, graphics, logos and software is the property of Tank Track, LLC, or copyright owners who have granted Tank Track, LLC permission to use copyrighted material, and is protected to the fullest extent under U.S. and international copyright laws. It is unlawful to reproduce copy or distribute material from the website without prior written permission.
You may not infringe or use Tank Track, LLC’s brand, logos and/or trademarks, including, without limitation, using TANK TRACKtm in any business name, email, or URL or including any of Tank Track, LLC’s trademarks and logos except as expressly permitted by Tank Track, LLC.
CHANGES TO THESE TERMS AND CONDITIONS
Revisions may be made to these terms and conditions at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of the Website following the posting of any revisions to these terms will mean you accept those changes.
Effective Date: April 1, 2014