MerchantTrac MX Software Terms & Conditions

Please read the following terms and conditions before accessing or using any content from this site or any linked site. If you do not agree with any of the stated terms and conditions, then please do not continue to access or use this site. Continued use of the site signifies your acceptance of the stated terms and condition. MerchantTrac reserves the right to modify, add or remove all or any content at any time without prior notice or warning.

With a MerchantTrac MX software license holders the opportunity to sell memberships to their single use copy of MerchantTrac MX software installed on and used on one website only. You can sell as many memberships on your single license as you like at whatever cost you set per membership. MerchantTrac MX may not be resold. MerchantTrac MX software may not be given away.

COPYRIGHT

All content on this site, such as graphics, logos, images, text, php scripts, modules, etc., is copyrighted of MerchantTracMX.com. Any content made available for download or transfer is licensed to you by MerchantTrac MX, and does not constitute a transfer of title. Republication or redistribution of the content, including by framing or similar means, out with any licence agreement included and associated with that content is expressly prohibited.

Downloading of any site content which is expressly or otherwise made available for download or redistribution, is made available of the basis that all trademark and other licence or propriety notices are included and kept intact.

Emails are copyrighted and any reproducing or sending out our emails to anyone is prohibited. Anyone who breaks Copyright law will be prosecuted to the fullest extent of the law.

WARRANTY DISCLAIMER

MerchantTrac MX does not warrant or make representations regarding the accuracy, validity or reliability of any content contained within this site by a 3rd party linked site. The content is provided "as is" without warranties of any kind either expressed or implied. MerchantTrac MX cannot warrant that the website or its server(s) functionality will be uninterrupted, error or virus free.

LIMITATION OF WARRANTY

MERCHANTTRAC MX CANNOT BE HELD LIABLE FOR ANY ACTION OR INCIDENT OCCURRING THROUGH THE USE OR MISUSE OF THIS WEBSITE, ITS FUNCTIONS, CONTENT OR LINKS TO OTHER WEBSITES.

JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Kentucky. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of the State of Kentucky.

OTHER DISCLAIMER

All parties must have a license for every copy of MerchantTrac MX purchased or used.

LIABILITY OF MERCHANTTRAC MX

MerchantTrac MX is not liable for any malfunction or failure of its systems, Site or service offering due to matters including, but not limited to, force majeure, the failure of MerchantTrac's or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind.

TRADEMARKS, COPYRIGHTS AND PROPRIETARY RIGHTS

You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images without MerchantTrac's written permission.

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in this Agreement or in the text on the Site without the written permission of MerchantTrac. MerchantTrac neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.

The trademarks and logos displayed on the Site are registered and unregistered Trademarks of MerchantTrac. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of MerchantTrac or such third party that may own the Trademarks displayed on the Site.

Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. You are also advised that MerchantTrac will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between MerchantTrac and the Customer, and supersede all prior agreements, representations and understandings between MerchantTrac and the Customer.

The Customer acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.

PRIVACY POLICY

What This Privacy Policy Covers...

This policy covers how MerchantTrac MX treats personal information that MerchantTrac MX collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. Please note that your posting is not considered "personal information" and is not considered the type of information protected by a privacy policy.
This policy does not apply to the practices of companies that MerchantTrac MX does not own or control, or to people that MerchantTrac MX does not employ or manage.

This policy does not address children's privacy issues because MerchantTrac does not permit children under 13 to use its products and services.

Information Collection and Use
General

MerchantTrac MX collects personal information when you purchase from MerchantTrac MX to use MerchantTrac MX products or to post content on a MerchantTrac MX network site as a guest with authoring rights, and when you enter into promotions or sweepstakes.

MerchantTrac MX will not release any information we obtain to anyone including business partners, other companies.

When you register we ask for information such as your name, email address, and billing address.



IP Address

MerchantTrac MX receives IP addresses from all users because this information is automatically reported by your browser each time you view a web page.
Your IP address is also stored in our user registration databases when you register with MerchantTrac MX.

IP addresses may be used for various purposes, including to:

Diagnose service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.

Estimate the total number of users visiting MerchantTrac from specific geographical regions.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.

If you reject all cookies, you will not be able to use MerchantTrac MX products or services that require you to "sign in," and you may not be able to take full advantage of all offerings. However, many MerchantTrac MX products and services do not require that you accept cookies.

MerchantTrac MX uses its own cookies for a number of purposes, including to:

Access your information when you "sign in".
Keep track of preferences you specify while you are using MerchantTrac's services.

Display the most appropriate advertising banners, based on your interests and activity on MerchantTrac MX.

Estimate and report our total audience size and traffic.

Conduct research to improve MerchantTrac's content and services.

Require you to re-enter your MerchantTrac MX password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

MerchantTrac MX lets other entities that show advertisements on some of our pages set and access their cookies on your computer. Other entities' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other entities do not have access to MerchantTracs MX cookies.

Information Sharing and Disclosure

If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

MerchantTrac MX may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the MerchantTrac Terms of Service.

MerchantTrac does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We reserve the right to send you certain communications relating to the MerchantTrac MX service, such as service announcements, administrative messages and the MerchantTrac Newsletter, that are considered part of your MerchantTrac MX account.

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards to protect personal information about you.



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