Your company name will be visible to team members, and will be used to generate your subdomain: [company-name].trackdrive.net
Our support team uses Skype to message customers.
Thank you for using RTK Media, Inc. dba TrackDrive’s website, products, and services (together, the “Services”). These Terms of Service (“Terms”) govern all use of the Services. PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
These Terms contain a mandatory arbitration provision and require you to defend and indemnify TrackDrive for any claim arising from your use of the Services.
By using the Services, you represent and warrant that you (i) have read and understood, and agree to be bound by, these Terms and (ii) are at least 18 years old and legally qualified to enter into contracts. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THEM, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.
You may be required to set up a TrackDrive account to use the Services. You may not use the username or password of any other person, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Services. You are responsible for the quality and integrity of the data in your account. You agree to take all reasonable precautions to prevent unauthorized access to your account and agree to immediately notify TrackDrive of any suspected or actual unauthorized access. TrackDrive shall not be liable for any loss incurred by you or any third party relating to your account, including unauthorized access or if the Services are not continuous. You are responsible for any loss incurred by TrackDrive or its agents for activity under your account. Your account may be suspended, disabled, or terminated at any time for any reason, including for violation of these Terms. If TrackDrive suspends or terminates your account, it will make reasonable efforts to notify you after doing so. There is no agency, employer, partner, or joint venturer relationship between you and TrackDrive. During the duration of your account, you are required to carry and pay for commercial general liability or other insurance with at least one million dollars ($1,000,000.00) in coverage per occurrence for advertising injury and name TrackDrive as an additional insured.
You, and not TrackDrive, are responsible for all content and information that you post, send, or transmit via blog, phone call, fax, SMS/MMS message, instant messages, email, mail, or other form (“Content”), including for its legality, reliability, and appropriateness.
You warrant you own or have the right to use your Content, have obtained lawful consent from all parties with whom you interface, and are not violating any privacy, proprietary, or other rights of others. You agree to abide by all applicable laws and regulations, and you are solely responsible for all acts or omissions that occur under your account. You are also responsible for filing, subscribing, and holding appropriate regulatory compliance documentation as required by competent jurisdictions and/or the purchase of access to any do-not-call lists. You agree that, to the extent you represent or act on behalf of a third party, you assume all liability for such third party and will ensure that such third party complies with these Terms and all applicable laws.
TrackDrive has a zero-tolerance policy toward violations of the law, in particular the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. and corresponding regulations, 47 C.F.R. §64.1200(a)(1) et seq., the Telemarketing Sales Rule, 16 C.F.R. §310, state telemarketing laws and regulations, the CAN-SPAM Act of 2003, and the Federal Trade Commission Act and corresponding rules, regulations, and guidelines. You represent and warrant that you will not violate any applicable local, state, federal, international, or other statutes, laws, ordinances, rules, or regulations, or industry standards. Any such violation is a material breach of these Terms.
You agree to have the prior express written consent of each recipient contacted by or on behalf of you by phone call, fax, SMS/MMS message, and instant message, and you shall maintain records evidencing such consent (“Consent Records”)
for five (5) years, including (i) opt-in date and time, (ii) source, (iii) first and last name, (iv) address, (v) phone number, and (vi) any other information collected. You are required to use the following language in obtaining consumer consent, in addition to any language required to make your conduct comply with all laws: “I agree to receive offers and other communications via [calls, fax, text message, and instant message] from [you] and RTK Media, Inc. dba TrackDrive, including by automatic telephone dialing systems and pre-recorded messages. I understand consent is not a condition of purchase. I agree to binding arbitration for any disputes.” You agree to provide such Consent Records to TrackDrive within two (2) business days of any request. You warrant that anyone acting on your behalf has expressly agreed to maintain such Consent Records and shall provide them upon demand to TrackDrive. To the extent that TrackDrive provides a suppression list for phone numbers to you, you shall regularly scrub your phone number list against such suppression list no less than every three (3) business days and shall not at any time send any text messages or make calls whatsoever to any individuals on such suppression list.
TrackDrive reserves the right, but has no obligation, to review your Content and to reject, modify, and remove Content for any reason without notice or explanation, including for violation of these Terms, and to monitor the Services for non-compliant activity, including violations of the law or these Terms. You agree to allow TrackDrive to use any means of monitoring of your use of the Services. You agree to promptly provide any information requested by TrackDrive or its agents that is reasonably related to your compliance with the law or these Terms. To the extent that you become aware of any litigation or investigation concerning your marketing practices or procedures, irrespective of whether such litigation relates to TrackDrive, you shall immediately notify TrackDrive of such litigation or investigation.
You agree that you will not do the following in relation to the Services:
You, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify TrackDrive and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, liabilities, judgments, settlements, fees, costs, and losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, advertising injury, or other damages, harm, or loss, whether to you or any third parties, arising out of or relating to your use of the Services, including any conduct conducted under your account, your violation of any law or breach of these Terms, or any conduct by your agents.
TrackDrive shall defend, indemnify, and hold you harmless from and against any and all reasonable third-party claims against you only if arising from TrackDrive’s willful, intentional, and malicious violation of the law, if you provide immediate notice of such claim, if TrackDrive retains full control of defense and settlement, and if you fully cooperate with same.
TrackDrive may charge fees in accordance with the terms of either a separate agreement or the registration process you complete. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all fees associated with using the Services and all applicable taxes. TrackDrive may give refunds on deposited amounts that are not used for the Services. You may be asked to supply certain billing information for your use of the Services, including your credit card information, billing address, and shipping information. You represent and warrant that: (i) you have the legal right to use the payment information provided, and (ii) the information you provide is true, correct, and complete. TrackDrive may use third parties for facilitating payment and purchases, and you grant TrackDrive the right to provide your information to those third parties. If your usage of the Services exceeds the amount you deposited or you fail to pay the amounts due, TrackDrive will be entitled to suspend/terminate the Services, including your account, in its sole discretion. TrackDrive will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to any suspension of the Services.
Without limitation, by using the Services and/or by providing your email address, you expressly consent to receive communications from TrackDrive, its agents, and affiliates via email. Without limitation, by providing your phone number, you expressly consent to receive same via phone call, fax, and MMS/SMS message. Without limitation, by providing your Skype information, you expressly consent to receive same via Skype. You may opt out of communications by (a) following unsubscribe instructions in each communication; or (b) sending an email to firstname.lastname@example.org. TrackDrive may also display advertisements on its website.
TrackDrive’s trademarks, including the mark TRACKDRIVE and TrackDrive’s logos, copyrighted material, patents, and the Services are the intellectual property of TrackDrive and/or its licensors. You may not copy, modify, publish, transmit, distribute, display, or sell any of TrackDrive’s propriety content without TrackDrive’s prior written permission, and you do not own any right, title, or interest in same, provided that, subject to these Terms, TrackDrive grants you a non-transferable, non-exclusive, revocable, limited license to use the Services.
You will retain any intellectual property rights in any Content provided by you in relation to the Services, including your name and logo, and you grant TrackDrive a non-exclusive, royalty-free, permanent, unlimited, and irrevocable license to use, publish, and distribute same on or in connection with TrackDrive’s Services, including any marketing and public relations materials.
TrackDrive respects the intellectual property rights of others. If you believe that material infringes one or more of your copyrights, please promptly submit a claim via email to TrackDrive at email@example.com with the subject line “Copyright Infringement” and with an identification of the copyright claimed, a description of the material you claim is infringing, your name, address, telephone number, and email address, and a signed statement by you (i) that you believe in good faith that the use of your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in your notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. See also the Digital Millennium Copyright Act.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKDRIVE, ON BEHALF OF ITSELF AND ITS AGENTS, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED “AS IS.” TRACKDRIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION REGARDING THE SERVICES. OPERATION MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU AND YOUR AGENTS KNOWINGLY AND FREELY ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ALL CLAIMS, WHETHER TO YOU OR ANY THIRD PARTY, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE TELEMARKETING SALES RULE.
NEITHER TRACKDRIVE NOR ITS AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES, LOST PROFITS, REVENUES, REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, OR LOSS OR DAMAGES RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF ANY NOTICE. YOUR SOLE REMEDY REGARDING THE SERVICES IS TO STOP USING THE SERVICES. YOU AGREE TO NOTIFY TRACKDRIVE OF ANY CLAIM AGAINST IT WITHIN TEN (10) BUSINESS DAYS OF BECOMING AWARE OF SUCH CLAIM. YOU AGREE THAT IN NO EVENT WILL TRACKDRIVE OR ITS AGENTS BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS ($100).
Choice of Law, Venue. THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN COLORADO AND SHALL BE GOVERNED BY COLORADO LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PARTIES CONSENT, AND WAIVE ANY OBJECTION, TO PERSONAL JURISDICTION AND VENUE IN EL PASO COUNTY, COLORADO.
Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICES BY BINDING ARBITRATION IN EL PASO COUNTY, COLORADO BEFORE A SINGLE ARBITRATOR. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association, as modified by these Terms, available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to resolve, except as provided below. Notice of any claim must be provided within one (1) year after the cause of action accrues. The arbitration may be conducted in person, by document submission or telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION. YOU AGREE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION.
Provisional Remedies. THE ARBITRATION PROVISION DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, FROM APPLYING FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, OR FROM ENFORCING AN OBLIGATION FOR DEFENSE AND INDEMNITY, IN STATE OR FEDERAL COURTS IN EL PASO COUNTY, COLORADO. YOU AGREE THAT A BREACH OF THESE TERMS WILL LEAD TO IRREPARABLE INJURY AGAINST TRACKDRIVE AND THAT TRACKDRIVE MAY SEEK IMMEDIATE INJUNCTIVE RELIEF FOR SUCH BREACH IN ANY APPROPRIATE COURT.
Fees. TrackDrive shall be entitled to its reasonable costs and expenses, including attorney’s fees, in any action or proceeding against you arising out of these Terms. You shall be entitled to your reasonable costs and expenses, including attorney’s fees, in any action or proceeding arising out of these Terms resulting from the willful misconduct of TrackDrive.
These Terms and your rights and obligations hereunder are not assignable or transferable by you. Notwithstanding, these Terms are assignable and transferable by TrackDrive and will be binding upon and inure to the benefit of your successors and assigns.
These Terms shall commence upon your acceptance and will remain in effect until terminated. TrackDrive may terminate these Terms at any time, including if TrackDrive determines you violated the law or breached these Terms. You may terminate your account upon three (3) calendar days' written notice to TrackDrive. These Terms shall terminate immediately upon the windup and dissolution or insolvency of either party, whether voluntary or not. Provisions on prohibited uses, intellectual property, disclaimers, limitations of liability, choice of law, arbitration, provisional remedies, fees, and indemnity shall survive any termination. TrackDrive may modify these Terms and may modify or discontinue the Services in its sole discretion for any reason at any time without notice. TrackDrive cannot waive any rights under these Terms except by a signed writing. You should review these Terms periodically. IF YOU FIND ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.
Subject to ¶¶1 and 6, these Terms constitute the entire agreement between you and TrackDrive relating to the Services and supersede all prior and contemporaneous understandings. These Terms shall not be construed against the drafter. If any part of these Terms is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law. The headings in these Terms are for convenience only.
Last updated July 11, 2017. Please direct all questions or concerns to firstname.lastname@example.org.
Terms. By using the Services, you warrant that you have read and understood, and agree to be bound by, TrackDrive's separate Terms of Service and any other applicable agreements.
Services. TrackDrive may collect your information in connection with the Services, including when you register for the Services, report a problem, request more information, or communicate with TrackDrive. When you register to use the Services, TrackDrive may ask for your personal and billing information to process transactions you request. TrackDrive may also collect information for users leaving comments on TrackDrive’s blogs or as part of surveys.
Traffic Data. Like most website operators, TrackDrive gathers information that web browsers automatically make available, including: (i) IP addresses; (ii) Internet domain names; (iii) types of devices accessing TrackDrive’s website; and (iv) types of web browsers accessing the website, which is anonymous information that is not meant to personally identify you.
Third-Party Cookies and Advertising. TrackDrive may advertise on other Third-Party Websites to you after you use the Services. TrackDrive and third-party marketing partners, including Google, Inc., may use first-party Cookies (such as the Google Analytics Cookie), third-party Cookies (such as the DoubleClick Cookie), and web beacons (such as the Facebook conversion tracking pixel, https://www.facebook.com/business/a/online-sales/conversion-tracking), including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the Services. This practice is commonly known as retargeting or remarketing (https://en.wikipedia.org/wiki/Behavioral_retargeting). Google Analytics is Google's analytical tool that helps website and app owners understand how their visitors engage with their properties. It may use a set of Cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. Any of these third parties may place Cookies on your computer or mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content. You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads. You may learn about Facebook Cookies and how to customize your preferences at https://www.facebook.com/about/ads. You may opt out of using other third-parties' Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can learn more about how to delete or control Cookies at http://www.aboutCookies.org/.
Personally Identifiable Information. To use certain features of the Services, you may be asked to provide certain personally identifiable information ("Personal Information"). Personal Information includes the following categories, without limitation: (i) "Contact Data" (such as your name, phone number, fax number, mailing address, and email address); (ii) "Financial Data" (such as your credit/debit card number and expiration date); (iii) "Demographic Data" (such as your gender and ZIP code); and (iv) "Third-Party Social Media Account Data" (such as your account information for third-party social media accounts). TrackDrive gathers your Personal Information when you provide it through the Services. TrackDrive may supplement the Personal Information you provide with additional Personal Information gathered from public sources or third parties (e.g., consumer reporting agencies) who may lawfully provide that information to TrackDrive. You are under no obligation to provide Personal Information, but your refusal to do so may prevent you from using certain features of the Services.
Children. TrackDrive does not knowingly solicit or collect Personal Information from children under the age of 13. If TrackDrive obtains actual knowledge that it has collected Personal Information from a child under the age of 13, TrackDrive will delete such information.
Services. TrackDrive uses information you provide to fulfill any purpose for which you provide it, in any way described to you when the information is collected, to carry out TrackDrive’s obligations and enforce its rights arising from the Services, to notify you about changes to the Services, and for any other purpose with your consent.
Traffic Data and Information Gathered Using Cookies. TrackDrive may analyze Traffic Data and information gathered using Cookies to help TrackDrive better understand who is using the Services and how. By identifying patterns and trends in usage, TrackDrive is able to better design the Services to improve your experience and serve you more relevant and interesting content. TrackDrive may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Services. TrackDrive does not attempt to link information gathered using Cookies to Personal Information.
Services. TrackDrive may share your information, including Personal Information, to its agents, contractors, service providers, and other third parties used to support the Services, to fulfill the purposes for which you provide it, for any other purpose disclosed by TrackDrive when you provide the information, and for any other purpose with your consent. For example, TrackDrive may disclose your Personal Information to perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.
De-Identified Sharing. TrackDrive may share Personal Information that has been de-identified such that you cannot be tied back to it. TrackDrive hopes aggregate data will be useful for research. TrackDrive will take reasonable measures to ensure that its de-identification process is effective, but does not guarantee that you will never be personally identified with your data.
Disclosure to Marketing Partners. TrackDrive may use any Personal Information to help better understand the demographics of target audiences, as well as to support marketing data products and services. TrackDrive may also provide personally identifiable data to partner firms, which may include third-party marketing companies, affiliates, advertising agencies, and data aggregation companies. Your Personal Information may be used by those entities to provide information on products and services that may be of interest.
Social Media. TrackDrive may disclose your information and your use of the Services on social media platforms. TrackDrive may send your information through the APIs of social media platforms you authorize, in compliance with applicable laws and the applicable platforms' privacy policies in place when your information is sent.
User Content. "User Content" is any content or information, not including Personal Information, that you submit, upload, transmit, or distribute via the Services. By using the Services, you grant TrackDrive and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns the right to publish your name and any User Content in connection with the exercise of the license in and to your User Content. You further waive any claims arising from the exercise of that right.
By Law or to Protect Rights. TrackDrive may disclose your Personal Information if reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply its Terms of Service or other agreements; (iii) comply with legal process, court order, or government inquiry; or (iv) protect the rights, reputation, or property of itself, its users, or the public.
TrackDrive takes security seriously. TrackDrive uses commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, TrackDrive is unable to guarantee that any information provided to it will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties. You agree to notify TrackDrive if your credit, bank, or other financial institution information, user name, or password is lost, stolen, or used without permission, if you provided that information to TrackDrive in connection with the Services. To confirm or make changes to your Personal Information, please email TrackDrive.
TrackDrive does not respond to "Do Not Track" signals sent by browsers.
Are you interested in scheduling a one-on-one demo with one of our support team members?