- SCOPE. This document covers your use of the SignTraker website and the SignTraker software, hereafter simply referred to as “SignTraker Products”, if you are a User/Operator of the site or software, or if you are a User/Consumer of information provided on the website or services managed by the SignTraker software, hereafter collectively simply referred to as the “User”.
- DISCLAIMER. Changes to the SignTraker Product’s operation, methods, and documentation are expected and inevitable as SignTraker continues ongoing development and enhancement efforts, and the User saves SignTraker harmless with respect to any losses or damages pertaining to any investments, actions, expenses, external agreement, or any other liabilities that the User undertakes or may incur based on the current level of development of the SignTraker Product.
- SIGNTRAKER PRODUCT WARRANTY. SignTraker represents that the SignTraker software application shall provide adequate functionality to support a sign installation business or business unit, in so much as the application is currently in use by others for this purpose. The SignTraker does not warrant that the SignTraker software application will be free of operational defects (“bugs”), that it will include all desired features, nor that features desired or discussed will materialize or be provided at a future time, although it is SignTraker’s current practice to exceed the User’s expectations in all of these areas.
- LIMITATION ON SIGNTRAKER’S LIABILITY TO USER.
- In no event shall SignTraker be liable to the User for lost profits of the User, or special, incidental, or consequential damages, even if SignTraker has been advised of the possibility of such damages.
- The SignTraker’s total liability under this Agreement for damages, cost and expenses, regardless of cause, shall not exceed the total amount of fees paid to SignTraker by User, if any.
- The User shall indemnify SignTraker against all claims, liabilities and costs, including reasonable attorney fees, or defending any third-party claim or suit, other than for infringement of intellectual property rights, arising out of or in connection with User’s activities using SignTraker Products.
- OTHER WARRANTIES. Unless otherwise stated, THE GOODS OR SERVICES FURNISHED UNDER THESE TERMS OF SERVICE ARE PROVIDED AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN FOR THE PURPOSES OF MANAGING A REAL ESTATE “FOR SALE” SIGNPOST INSTALLATION BUSINESS. No personnel of the SignTraker are authorized to make verbal warranties about SignTraker Products.
- FORCE MAJEURE. The SignTraker shall not be liable for and is excused from any failure to deliver or perform or delay in delivery or performance, due to causes beyond its reasonable control or due to failure of User to provide sufficient information, resources, cooperation or personnel to support the User’s objectives.
- SEVERABILITY. To the extent that any law, statute, treaty, or regulation by its terms as determined by a court, tribunal, or other governmental authority of competent jurisdiction is in conflict with the terms of this Agreement, the conflicting terms of this Terms of Service shall be superseded only to the extent necessary by the terms required by such law, statute, treaty, or regulation. If any provision of this Terms of Service shall be otherwise unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible to affect the intent of the parties. In either case, the remainder of this Agreement shall continue in full force and effect.
For any questions related to this Terms of Service document, please contact us info@SignTraker.com or via phone at 443-938-9178. Thank you!
