THE SERVICESnet-Trac's services ("Services") are supplied by net-Trac and shall be made available to members, guests, and authorized users (“User” or “Users”). The Services shall be made available on the Internet through Users’ personal computers, or other access device, utilizing a communications connection (e.g., modem, telephone line). net-Trac is not an Internet Services Provider (ISP); therefore, Users shall be responsible for all charges associated with connecting to the Internet and for obtaining or providing all telephone access lines, telephone and computer equipment or other access device, necessary to access the Internet.
FEESMembership fees are due and payable as set up during the registration process. If payment is not received in the full amount at the time it is due, net-Trac may immediately terminate the User’s account. Alternatively, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to Users' bill and shall be due and payable. User shall be liable for all attorney and collection fees arising from efforts to collect any unpaid balance on Users' Account. net-Trac reserves the right to modify fees for Services at any time and said modified fees shall be posted and made available from the net-Trac home page and become effective upon thirty (30) days after the first posting.
net-Trac is a community comprised of Users from all over the world. net-Trac has no editorial control of content published by its Users or any third parties. Any and all content made available by Users or any third parties are those of the Users or third parties themselves and do not necessarily represent the views of net-Trac and net-Trac DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY of any such information. net-Trac shall not, under any circumstance, be liable for any loss or damage caused by a Users' reliance on information obtained through net-Trac's Services.
Users may have opportunity to order and purchase merchandise or services from other Users of the Service; however, all such transactions are solely between Users. net-Trac makes no warranties or representations whatsoever and each User does hereby release net-Trac from any and all liability or obligation with respect to any loss, cost, damage, or claim arising either directly or indirectly from such transactions, including those arising from any action or inaction of either party in such transactions.
PROTECTION OF INTELLECTUAL PROPERTYUser acknowledges that proprietary rights protect the Services, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Users have no right to copy or duplicate materials from the site, including without limitation any materials on the site.
ASSUMPTION OF RISK AND RELEASEUSER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. NET-TRAC, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, DOES NOT WARRANT RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. FURTHER, NET-TRAC DOES NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. NO ORAL INFORMATION BY NET-TRAC, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTIES, MERCHANTS, OR THE LIKE, SHALL CREATE A WARRANTY AND USER SHALL NOT RELY ON ANY SUCH INFORMATION. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NET-TRAC, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTIES, MERCHANTS, OR ANYONE ELSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF NET-TRAC, OR ITS EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, OR THE LIKE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY USER TO NET-TRAC IN THE ONE (1) MONTH PRIOR TO THE CLAIMED INJURY OR DAMAGE. net-Trac makes no representation or warranties with respect to the accuracy or completeness of the contents of this site or the sites of any User and specifically disclaim any implied warranties of merchantability or fitness for any particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The accuracy and completeness of the information provided anywhere on this site or any User site and the opinions stated are not guaranteed or warranted to produce any particular results, and any advice and/or strategies contained anywhere on this site or the sites of any User may not be suitable for every individual. net-Trac shall not be liable for any loss or profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.
COPYRIGHTS AND TRADEMARKSnet-Trac maintains a valid and existing copyright in the entire net-Trac website. net-Trac, “’DESIGN, DEVELOP, DEPLOY’,” and the stylized arrow design are trademarks of net-Trac. Other marks used on this site may be trademarks of their respective owners.
NOTICE OF PROTECTION UNDER THE DMCAnet-Trac is committed to complying with U.S. copyright law and expects all end users and contributors who access or use our services to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under DMCA, copyright owners may notify the “authorized agent” of a service provider, such as net-Trac, to report alleged infringements of their works appearing on Web pages hosted by net-Trac. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, net-Trac will remove or block access to the allegedly infringing material. If a user of net-Trac’s services believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to net-Trac. However, net-Trac hereby refuses to be a party to disputes over alleged copyright infringement. This information should not be construed as legal advice to a reader, but we are glad to provide the following information to you for informational purposes only. If you truly believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek immediate legal counsel. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to net-Trac’s designated agent, as defined on the legal notices section of the net-Trac website. Inquiries not relevant to the procedure will receive no response.
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