TERMS AND CONDITIONS Updated: January, 2024
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Welcome to the Lot Tracker™ app (the "App") and the LotTracker™ website (the "Site"). The App and the Site are owned and operated by [KZSoftware ("Lot Tracker™") and provide services that allow Lot Tracker™ Users (defined below) to manage and track lots efficiently through the Lot Tracker™ app.
These Terms and Conditions (the "Terms") govern your use of the Site and the App provided through the Site. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE APP. These Terms constitute a legal agreement between you and Lot Tracker™ and apply to you if you have created a Lot Tracker™ Account (a "User").
BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE OR APP (INCLUDING ANY CONTENT PROVIDED THEREIN), YOU AFFIRM THAT YOU ARE MORE THAN 15 YEARS OF AGE AND AGREE TO ABIDE BY AND COMPLY WITH THESE TERMS.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
Registration. When you register to create an account on the Site ("Lot Tracker™ Account"), you will be asked to provide an email address and password. Safeguard your password, and do not disclose it to any third party. You are solely responsible for any activities or actions taken under your password, whether or not authorized by you. Ensure that the information provided to Lot Tracker™ upon registration is true, accurate, and complete.
Lot Tracker™ Termination. Lot Tracker™ reserves the right to terminate the Site and the App or your access at any time and for any reason. Additionally, Lot Tracker™ may take appropriate actions without notice if it suspects or determines, at its discretion, that you may have: (i) failed to comply with these Terms; (ii) engaged in actions that may be illegal or cause harm or disruption; or (iii) violated any policies or rules established by Lot Tracker™.
Your Termination. You may terminate your Lot Tracker™ Account at any time by emailing Lot Tracker™ at lottrackerhelp@gmail.com and requesting termination. Termination of your Lot Tracker™ Account also terminates your access to the App.
Rights at Termination. Upon termination, all rights granted to you by these Terms cease. Lot Tracker™ is not liable for the termination of the Site or the App, or your use thereof. Upon termination, any information submitted on the Site or related to your account may no longer be accessible. You are responsible for exporting and saving any lot data from the Site before terminating your Lot Tracker™ Account.
Survival. Suspension, termination, or cancellation of the Site or the App will not affect your obligations under these Terms, which are intended to survive such events, including ownership, indemnification, and limitation of liability.
Modification. Lot Tracker™ reserves the right to modify, discontinue, or terminate the Site and the App, or to modify these Terms, at any time without advance notice. Modified terms will be posted on the Site. Continued use of the Site and the App after modifications constitutes acceptance of the revised Terms.
Intellectual Property Ownership and Restrictions. You may not reproduce, modify, adapt, create derivative works, perform, display, publish, distribute, transmit, sell, license, or exploit the Site or the App. Lot Tracker™ and its licensors own all worldwide intellectual property rights in the Site and the App.
Obligations for Lot Tracker™ Users. While using or accessing the Site or the App, you agree not to: (i) circumvent security features; (ii) attempt to probe, scan, or test vulnerabilities; (iii) reverse engineer any software; (iv) use the Site or the App in violation of these Terms; or (v) encourage others to do so.
Disclaimer of Warranties. Your use of the Site and the App is at your own risk. Lot Tracker™ provides them on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, including title, merchantability, fitness for a particular purpose, non-infringement, accuracy, or error correction.
Limitation of Liability. IN NO EVENT WILL LOT TRACKER™, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR THE APP.
Indemnification. You agree to defend, indemnify, and hold Lot Tracker™, its officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses arising from your use of the Site or the App or violation of these Terms.
Third Party Links. The Site and the App may contain links to third-party websites or resources. Lot Tracker™ is not responsible for their availability or accuracy, and does not endorse their content, products, or services. You assume all risk from your use of such websites or resources.
No Assignment. You may not assign these Terms without prior written consent from Lot Tracker™. Lot Tracker™ may assign these Terms without your consent.
Relationship of the Parties. You are not an employee or agent of Lot Tracker™. Each party acts independently and is solely responsible for its own costs and expenses incurred in fulfilling obligations under these Terms.
Severability and Waiver. If any provision in these Terms is held invalid or unenforceable, remaining provisions remain in effect. Failure to enforce any right or provision by Lot Tracker™ is not a waiver of that right or provision.
Force Majeure. Lot Tracker™ is not liable for any failure or delay in performance due to events beyond its control, including denial-of-service attacks, strikes, riots, acts of God, war, terrorism, and governmental action.
Governing Law. These Terms are governed by the laws of the State of Pennsylvania without regard to conflict of law provisions. You and Lot Tracker™ submit to the exclusive jurisdiction of the courts located in Berks County, Pennsylvania.
Entire Agreement. These Terms constitute the entire agreement between Lot Tracker™ and you regarding the Site and the App, superseding any prior agreements.
Notice. Any notice will be in writing and given (a) by Lot Tracker™ via email to the address you provide; (b) by Lot Tracker™ via a posting on the Site; or (c) by you via email to lottrackerhelp@gmail.com.
Questions. If you have questions about these Terms, please contact Lot Tracker™ at lottrackerhelp@gmail.com.