Terms of Service

THE FOLLOWING TERMS AND CONDITIONS ARE APPLIED TO ALL CONTACTTRACS ACCOUNTS

1. ACCEPTANCE OF CONTACTTRACS TERMS

Welcome to ContactTRACS. By using ContactTRACS, you agree to these Terms located at http://www.ContactTRACS.com/terms_of_service.php

ContactTRACS reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. You can always find the most recent version of the ContactTRACS Terms of Service at the URL indicated above.

2. DESCRIPTION OF SERVICE

ContactTRACS provides subscribers with web-based database software, automated mailers, calendars, and templates. Access to these features may be determined by the user's subscription level.

3. CONTACTTRACS ID REQUIREMENT

To participate in the Service, you must have a valid ContactTRACS user ID. You must also provide accurate and active credit card, billing, and shipping information and other information (your "Registration Data"). If you do not have a ContactTRACS ID, you will be prompted to complete the registration process for them before you can pay for the Services. You, and not ContactTRACS, are responsible for any and all purchases made through your ContactTRACS account or in connection with your ContactTRACS ID. ContactTRACS is not responsible for unauthorized purchases or errors made using your ContactTRACS ID account. You must resolve purchase-related disputes with and promptly report unauthorized use of your card to your credit card company, online payment service, merchant, or bank. Your liability for unauthorized use of your card may be limited by your card issuerÕs agreement with you and/or by applicable law. In addition to the uses of account information authorized by the TOS, ContactTRACS may access, preserve, monitor and disclose your card information in the good faith belief that such action is reasonably necessary to verify your account, to identify or resolve problems, or to respond to inquiries about the Service, provided, however, that nothing in this section shall impose a duty on ContactTRACS to make any such disclosures.

4. PAYMENT TERMS

4.1 General Terms

The current fee for the Service level you have selected will automatically and immediately be charged to your payment instrument or account on the date that you click on the "Purchase Order" button in the ordering process. Fees charged for one Service may not be credited towards other services. All currency references are in U.S. dollars.

4.2 Payment for Subscription

Payment occurs on a pre-pay basis and payment may be automatically renewed at the end of the term. The amount you are to pay will depend upon which term of subscription you choose. For example, the ContactTRACS Personal account is $19.95 per month, while the ContactTRACS Pro account is $49.95 per month. Please note: If you have received a Free Trial Period, then you will not be charged for those days covered by the Free Trial Period. You will be contacted in order to renew your ContactTRACS account prior to the end of any expiration of the account (either the expiration of a Free Trial Period or a paid ContactTRACS term), at which point you may elect to purchase a new ContactTRACS term. If you do not elect to purchase a new ContactTRACS term, your account will automatically expire and you will no longer have access to the ContactTRACS service.

4.4 Account Updater

As a convenience to its users, ContactTRACS subscribes to a third party service that can refresh expired credit card or debit card numbers with the numbers of replacement cards so that usersÕ paid Services do not lapse because the payment instrument initially on file with ContactTRACS has expired (ÒAccount UpdaterÓ). By registering for the Service, you consent to ContactTRACSÕs disclosure of your registration information to this third party service and to that serviceÕs use of such information solely in connection with Account Updater. You also consent to ContactTRACSÕs receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in the TOS, these Additional Terms, and the ContactTRACS Privacy Policy.

4.5 Fraud Protections

To protect against potential fraud, ContactTRACS may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between .01 and .99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. ContactTRACS will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing ContactTRACS with your credit card information, you authorize ContactTRACS to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

4.6 Cancellation of Subscription

Please note, unless ContactTRACS gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund.

4.7 Termination

If your credit card is invalid for any reason, your ContactTRACS account will suspend your ContactTRACS account; provided, however, that ContactTRACS reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it will be deleted permanently. ContactTRACS accepts no liability for information or content that is deleted due to an invalid credit card.

5. CONTACTTRACS'S RESERVATION OF RIGHTS

ContactTRACS expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of any ContactTRACS service, including ContactTRACS, if ContactTRACS, in its sole discretion believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the TOS. In such event, your ContactTRACS account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts youÕve paid for such account. ContactTRACS accepts no liability for information or content that is deleted.

6. INDEMNITY

You agree to indemnify and hold harmless ContactTRACS, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to ContactTRACS, your violation of the TOS, these Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

7. PRIVACY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://ContactTRACS.com/privacy-policy.

8. AGE REQUIREMENTS FOR USE OF ContactTRACS

ContactTRACS is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.

9. OBJECTIONABLE MATERIAL

You understand that by using ContactTRACS, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit subject matter. Nevertheless, you agree to use ContactTRACS at your sole risk and that ContactTRACS shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

10. LOCATION OF LAWSUIT

The ContactTRACS Terms of Service, which apply to your ContactTRACS account, provides that both you and ContactTRACS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arapahoe, Colorado.