Home / Terms of Service

Terms of Service

Last updated: June 9, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.tracargo.com website and https://login.tracargo.com (the “Service”) operated by Tracargo (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Cancellation and Termination

You may cancel your Account and terminate the Terms of Use at any time by contacting Tracargo Support and then following the specific instructions indicated to you in Tracargo’s response.

Upon termination of the Services by either party for any reason:

Tracargo will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Tracargo for your use of the Services through the effective date of such termination will immediately become due and payable in full.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Tracargo Service, the Terms of Use and/or your Account for any reason, without notice at any time. Termination of the Terms of Use shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Tracargo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Tracargo. Such notice may be provided at any time by posting the changes to the Tracargo Site (Tracargo.com) or via an email announcement.
Tracargo reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
Tracargo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Tracargo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Tracargo or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Use(however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tracargo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Tracargo does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Tracargo does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Tracargo does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Email Services

You may generate or send email from your Account using the Tracargo email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Tracargo’s Privacy Policy), the following terms apply to your access and use of the Email Services:

Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

Your use of the Email Services must comply with Tracargo’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

Your use of the Email Services must follow all applicable guidelines established by Tracargo. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:

using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
using purchased or rented email lists;
using third party email addresses, domain names, or mail servers without proper permission;
sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
failing to include in each email a link to the then-current privacy policy applicable to that email;
disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
failing to include in each email your valid physical mailing address or a link to that information; or
including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.

If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Tracargo at support@tracargo.com. Tracargo will determine compliance with the Email Services Requirements in its discretion.

Privacy & Data Protection

The security of our Users’ personally identifiable information is of the highest priority. Tracargo exercises great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Tracargo cannot ensure or warrant the security of any information you transmit to us or through our services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Whenever credit card information is transmitted we use industry standard, SSL (secure socket layer) encryption. If you have an account or use another password-protected service, you are the only person who can access it and view the User information concerning the account. We strongly recommend that you do not share your password with anyone. Tracargo will never ask you for your password in an unsolicited phone call or email. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Please remember to sign out properly and close your browser window when you have finished your work. This helps ensure that others cannot access your personal information and in the event the computer you use is accessible to others or if you share a computer with someone else or use a computer in a public place such as a library or Internet cafe. In addition, from time to time Tracargo may create and supply, at its sole discretion, additional security features for its Users. These security features are designed only for the use of Users. Tracargo provides no warranty, express or implied, that any such security features may not be broken, violated or in some way compromised.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tracargo and its licensors.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Tracargo.

Tracargo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tracargo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Beta Services

From time to time, Tracargo may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Tracargo will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Tracargo Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Tracargo’s prior written consent. Tracargo makes no representations or warranties that the Beta Services will function. Tracargo may discontinue the Beta Services at any time in its sole discretion. Tracargo will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Tracargo may change or not release a final or commercial version of a Beta Service in our sole discretion.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us.