Terms of Use
In order to use the ConcernTrak, our membership agreememt shall apply. Modifications to your terms of membership may change and will be posted on www.concerntrak.com and such modifications will become effective immediately upon the posting thereof. By accepting the terms of this agreement, you acknowledge that you have read, understood and agree to be bound by all of the terms, conditions and notices contained in this agreement just as if you had signed this agreement.
CONCERNTRAK MEMBER AGREEMENT
In order to use the Service (as defined below), the terms and conditions of this Membership Agreement (“Agreement”) shall apply. Modifications to your terms of membership may change and will be posted on www.ConcernTrak.com (our “Website”) and such modifications will become effective immediately upon the posting thereof. By accepting the terms of this agreement, you acknowledge that you have read, understood and agree to be bound by all of the terms, conditions and notices contained in this agreement just as if you had signed this agreement.
TERMS OF USE
1. CONCERNTRAK SERVICE. ConcernTrak LLC (“CONCERNTRAK”)
through its ConcernTrak Service, provides on-line tracking of goods for subscribers using a proprietary tracking number assigned by the
CONCERNTRAK, evaluations of the goods and services based on recipient feedback, and, for subscribing suppliers, the ability to post an on-line profile and respond to their evaluations. Subscribing members can view the supplier evaluations, and will have the opportunity to submit evaluations of their suppliers. CONCERNTRAK also provides “Alerts” whenever a subscriber reports a dangerous substance, foreign material or contaminant in a shipment.
2. REGISTRATION INFORMATION. Your initial billing information provided below will be used for billing purposes. You may change your information at any time through the Website.
3. USE VOID WHERE PROHIBITED. Membership in ConcernTrak is void where prohibited.
4. PRIVACY POLICY. At CONCERNTRAK, we respect your privacy and take the responsibility of protecting the company information that you share
with us very seriously. We will never sell, rent or trade the company information we collect from members of ConcernTrak to any third party. Evaluations remain anonymous and while all subscribers have access to the compileddata and statistics, no access will be granted to individual evaluations. No information identifying your suppliers, distributors or users will be provided to third parties without your consent. CONCERNTRAK does collect statistical information. This information enables us to make our site and the CONCERNTRAK Newsletter as relevant and meaningful as possible.
5. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL.CONCERNTRAK will charge a membership fee in order to utilize the services it
provides (the “Membership Fee”). Membership Fees for access to the Service may be made either on a monthly or annual basis. Once a membership is purchased, you will be granted access to the Service on the terms and subject to the conditions set forth in this Agreement. Annual Membership Fees may be
paid in advance by cash, check, credit card, debit card or GooglePay. Monthly Membership Fees may only be paid in advance by credit card, debit card or GooglePay. The terms of such monthly, annual and Additional List membership plans are listed in this Agreement. Unless such membership plan is cancelled or terminated as provided below, all membership plans will be automatically renewed upon the terms set forth below.
5.1. Monthly Payment Plan: If you select the monthly payment plan, each month CONCERNTRAK will automatically renew your membership on a month-to-month basis at the membership fee (as such membership fee may be modified as provided above) using the credit card, debit card or other payment information on file with CONCERNTRAK. Each monthly renewal payment will take place on or about your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by CONCERNTRAK). Except as otherwise required by applicable law, you
agree that CONCERNTRAK will not provide you with any notices prior to each monthly renewal payment.
5.2. Annual Payment Plan: If you select the annual payment plan, CONCERNTRAK will automatically renew your annual membership for one year at the membership fee for annual memberships (as such membership fee may be modified as provided above) using the credit card, debit card or other payment information on file with CONCERNTRAK. Such annual renewal payment will take place on or about the 1st of the calendar month in the month in which your annual membership expires. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by CONCERNTRAK). Except as otherwise required by applicable law, you agree that CONCERNTRAK will not provide you with any notices prior to each annual
renewal payment.
5.3. Payment through Dedicated Agent: You may pay for your subscription through a dedicated agent of your choice. For example, clients subscribing through a broker may arrange to make payments directly to the broker. However, the CONCERNTRAK accepts no responsibility in case of non payment to the CONCERNTRAK by the broker. In case of non-payment by the broker, the CONCERNTRAK will attempt to notify you, and if payment is not received within 180 days your subscription will be terminated.
5.4. Membership Renewals: If You received a free trial membership offer, CONCERNTRAK will renew your membership at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with CONCERNTRAK. All existing memberships will be renewed at the Membership Fee (as such Membership Fee may be modified as provided above) and will include access to all subscriptions unless You otherwise elect to cancel access to a particular subscription in accordance with the provisions set forth below.
6. CANCELING YOUR MEMBERSHIP.
6.1. Monthly Payment Plan: If you decide to cancel your monthly membership with the service, your cancellation request must be received no later than 5:00p.m. (Eastern Standard Time, USA) on the business day prior to your scheduled monthly renewal payment date. You may cancel your monthly membership by providing CONCERNTRAK with notice of your desire by contacting CONCERNTRAK by first class certified mail at 9509 Hull St. Road, Richmond, VA 23236, by telephone at (804) 745-2848, or by email at info@ConcernTrak.com .
6.2. Annual Payment Plan: If you decide to cancel your annual membership with the service, your cancellation request must be received no later than 5:00p.m. (Eastern Standard Time, USA) on the business day prior to your scheduled annual renewal payment date. You may cancel your annual membership by providing CONCERNTRAK with notice of your desire by contacting CONCERNTRAK by first class certified mail at 9509 Hull St. Road, Richmond, VA 23236, by telephone at (804) 745-2848, or by email at info@ConcernTrak.com .
7. ACCOUNT SECURITY. CONCERNTRAK will assign your company a user ID and a password when you register. Your user ID and password may
only be used by a designated representative of your Company. Your company is solely responsible for maintaining and protecting the confidentiality of the assigned user ID and password, and is fully responsible for all activities that occur under your user ID and password.
8. LIMITED LICENSE TO WEBSITE. By agreeing to the terms and conditions of this Agreement, CONCERNTRAK grants company a limited license to access and use the reviews and ratings offered by the ConcernTrak for Your purchasing decisions. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of
CONCERNTRAK.
9. SUBMISSIONS OF REVIEWS AND RATINGS. In order for Company to submit reviews and ratings to the ConcernTrak Service, You acknowledge and
agree that:
9.1. all of Your reviews and ratings will either be based upon actual firsthand experiences with the Suppliers you are rating;
9.2. all of Your reviews and ratings of the Suppliers that You are rating will be accurate, truthful and complete in all respects;
9.3. You do not work for, own any interest in or serve on the board of directors of, any of the Suppliers for which You submit reviews and ratings;
9.4. You do not work for, own any interest in or serve on the board of directors of any competitors of the Suppliers for which You submit reviews and ratings;
9.5. You are not in any way related (by blood, adoption or marriage, if the Supplier is an individual) to any of the Suppliers for which you submit reviews or ratings.
10. ALERTS. If a situation is reported that could potentially jeopardize consumer safety (for example: salmonella, e.coli, chemical contamination) both parties involved will be contacted and the appropriate regulatory authority will be advised. Depending on the seriousness of the situation, an alert concerning the affected product will be sent out to ConcernTrak subscribers. CONCERNTRAK offers this as a service but assumes no liability for losses, lawsuits, or consequences as a result of sending or not sending out an alert.
11. CONTENT LICENSE. You automatically grant, and You represent and warrant that you have the right to grant, to CONCERNTRAK an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing CONCERNTRAK with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content.
12. PUBLICATION AND DISTRIBUTION OF CONTENT.
CONCERNTRAK does not guarantee the accuracy, integrity, quality or appropriateness of
any Content transmitted to or through the Service. You acknowledge that CONCERNTRAK simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Suppliers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that CONCERNTRAK does not control, and is not responsible for Content or Service Provider Content made available through the Service. You agree that you must evaluate and make your own judgment,
and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that CONCERNTRAK has no obligation to screen, preview, monitor or approve any Content or Supplier Content, or Content posted or submitted by any other CONCERNTRAK member or any Supplier. However, CONCERNTRAK reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will CONCERNTRAK be liable in any way for any Content or Supplier content, including, but not limited to, any Content or Supplier content that contains any errors, omissions, or defamatory statements or for any loss or damage of any kind incurred as a result of the use of any Content or Supplier Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against CONCERNTRAK relating to Content or Service Provider Content, and release CONCERNTRAK from any and all
liability for or relating to any Content or Service Provider Content.
13. MEMBERS – MANUFACTURERS AND SUPPLIERS.
CONCERNTRAK does not endorse and is not responsible or liable for any Content, Supplier Information Content, data, advertising, products, goods or services available or unavailable from, or through, any Suppliers. CONCERNTRAK is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Dealings with, or participation in promotions of any Supplier, and any other terms, conditions, representations or warranties associated with such dealings, are between Manufacturer and such Supplier exclusively and do not involve CONCERNTRAK. Manufacturers should make whatever investigation or other resources that you deem necessary or appropriate before doing business with Suppliers. CONCERNTRAK is not responsible for the accessibility or unavailability of any Supplier or for your interactions and dealings with them, you waive the right to bring or assert any claim against CONCERNTRAK relating to any interactions or dealings with any Supplier, and release CONCERNTRAK from any and all liability for or relating to any interactions or dealings with Suppliers. The reviews and ratings that are provided do not reflect the views of CONCERNTRAK, its officers, managers, owners, employees, agents, designees or other users. In addition, CONCERNTRAK retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. CONCERNTRAK may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CONCERNTRAK may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
14. DISCLOSURE OF INFORMATION.
CONCERNTRAK may make your identifiable information, account information and the Content available to
our employees and third parties with whom we contract for use to handle your account. In addition, CONCERNTRAK may provide non-personally identifiable
aggregate statistics, unique identifiers, demographic and other anonymous information about you and CONCERNTRAK users to advertisers, Suppliers and
other third parties. You agree that CONCERNTRAK may make such uses of information you provide or CONCERNTRAK collects. As CONCERNTRAK continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
15. TERM AND TERMINATION.
The initial term of this agreement will be defined in your membership plan, and will continue for automatic
subscription renewals thereafter until termination by either party in accordance with the terms of this agreement. If CONCERNTRAK deems it necessary, in its sole discretion, CONCERNTRAK may immediately terminate this Agreement, Your account and your access to the Service. If CONCERNTRAK merely terminates your account for its convenience and you are not in breach of this Agreement, CONCERNTRAK will refund your membership fees on a pro rata basis from the date of such termination to the end of the then current term. Termination of Your account will include removal of Your access to all offerings
of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
16. MODIFICATION OF TERMS AND CONDITIONS.
CONCERNTRAK will have the right to modify and restate the terms andconditions of this Agreement, and such modification(s) will be effective
immediately upon being posted on our Website (www.ConcernTrak.com). CONCERNTRAK will make note of the date of the last update to the Agreement
on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such
modification(s), your only recourse is to immediately discontinue use of the Service.
17. DELAYS. The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. CONCERNTRAK is not responsible for any delays, failures orother damage resulting from such problems.
18. COPYRIGHT MATERIALS. You acknowledge and agree that all Content and other information on the Website, including, but not limited to, all
text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of
CONCERNTRAK, and such Copyright Materials are the exclusive property of CONCERNTRAK and are protected by all United States and international copyright laws.
19. WARRANTY DISCLAIMER. You understand and agree that the service is provided on an “as is” and “as available” basis and that
CONCERNTRAK assumes no responsibility or liability for the timeliness, deletion of content or failure by the service. CONCERNTRAK expressly
disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a
particular purpose and non-infringement or any warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) any content or information you provide or
CONCERNTRAK collects will not be disclosed or (e) any errors in any service will be corrected. You are agreeing that use of the service and the website is at
your own risk. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not
apply to you as they relate to implied warranties.
20. LIMITATION OF LIABILITY. You expressly understand and agree that CONCERNTRAK will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if CONCERNTRAK has been advised of the possibility of such damages) (collectively, “damages”), resulting from:
(a) the use or inability to use the service;
(b) the cost of any goods and/or services purchased or obtained as
a result of the use of the service;
(c) disclosure of, unauthorized access to or alteration of your information or content;
(d) content you submit, receive,
access, transmit or otherwise convey through the service;
(e) statements or conduct of any suppliers or other third party through the service;
(f) any other matter relating to the service;
(g) any breach of this agreement by CONCERNTRAK or the failure of CONCERNTRAK to provide the service under this agreement or
(h) any other dealings or interactions you have with any suppliers (or any of their representatives or agents).
These limitations shallbapply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. You understand and agree that your unlimited access to the Content on the Website represents a substantial portion of the value you receive from Your CONCERNTRAK’s membership fee. Therefore, to the extent CONCERNTRAK is found liable for anything related to this agreement or the use of the service, CONCERNTRAK’s liability for damages will not exceed the equivalent of one (1) month of membership fees (if membership fees are paid on an other than monthly basis it will be the prorated value of membership fees over a one (1) month period). You expressly acknowledge and agree that CONCERNTRAK contracts with a third party to process your payment of membership fees to CONCERNTRAK
through the use of a credit card (a “credit card processor”). You understand and agree that neither a credit card processor nor any other party involved in the
credit card processing process for CONCERNTRAK, including, but not limited to, the company issuing the credit card to you and the merchant bank (collectively, the “released parties”) shall be liable for any damages (as defined herein and subject to the limitations set forth in this paragraph 23) suffered by you as a result of the failure of CONCERNTRAK to provide services to you under this agreement or any breach of this agreement by CONCERNTRAK. You hereby release each of the released parties from any and all damages you may suffer as a result of the failure of CONCERNTRAK to provide services to you under this agreement or any breach of this agreement by CONCERNTRAK. You agree to indemnify and hold harmless each of the released parties for any and all damages it may suffer as a result of your breach of this paragraph 23. You hereby understand and agree that CONCERNTRAK
shall be solely liable for the payment of any damages to you under this agreement.
21. NOTICE.
You agree that CONCERNTRAK may communicate any notices to you under this Agreement, through electronic mail,
regular mail or posting the notices on the Website. All notices to CONCERNTRAK will be provided by either sending: (i) an email to
info@ConcernTrak.com or (ii) a letter, first class certified mail, to
CONCERNTRAK, 9509 Hull St. Road, Suite D1, Richmond, VA 23236,
Attn:Member Services. Such notices will be deemed delivered upon the earlier of theverification of delivery or two (2) business days after being sent, in the case of United States mail, two weeks for international mail.
22. ENTIRE AGREEMENT.
This Agreement governs your use of the Service and constitutes the entire agreement between you and CONCERNTRAK.
23. GOVERNING LAW.
This Agreement and the relationship between You and CONCERNTRAK will be governed by the laws of the Commonwealth of Virginia.
24. MISCELLANEOUS.
This Agreement may not be re-sold or assigned by you.