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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