You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.
The Number Tracker Pro service is offered through the the iOS and Android App.
Subject to the terms and conditions in the Agreement, during the Agreement Term, Number Tracker Pro hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
You must in no event use, nor allow others to use,the App or this License for commercial purposes without obtaining a license to do so from Number Tracker Pro. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the App on certain hardware. THIS APP IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the App may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
While using the App, You agree to comply with all applicable laws, rules and regulations. In all cases, You may only use the App according to anticipated use of the App.
For example purposes, and without limiting Number Tracker Pro’s rights to take action against You, You may not: a) create, use, share and/or publish by any means in relation to the App any material (text, words, images, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the App, or their accessibility to other users, or the functioning of the partner networks of the App, or attempt to do any of the above; c) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the App, and/or organize, participate in or be involved in any way in an attack on Number Tracker Pro’s servers and/or the App and/or those of its service providers and partners; d) create, supply or use alternative methods of using the App, for example server emulators; e)transmitting or communicating any material or content which, in the sole and exclusive discretion of Number Tracker Pro, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; f) harassing or threatening any other users in the App; g) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Number Tracker Pro’s personnel; h) falsely claim to be an employee or representative of Number Tracker Pro or its partners and/or agents; i) falsely claim an endorsement in connection with the App or with Number Tracker Pro.
All title, ownership rights and intellectual property rights in and to the App (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, , videos, audio-visual effects, domain names and any other elements which are part of the App, individually or in combination) and any and all copies thereof are owned by Number Tracker Pro or its licensors. the App is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Number Tracker Pro’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Number Tracker Pro’s prior permission and, if applicable Number Tracker Pro’s licensors’ and representatives’. Except as expressly set forth in this agreement, all rights not granted hereunder to You are expressly reserved by Number Tracker Pro.
This License confers no title or ownership in the App and should not be construed as a sale of any rights in the App.
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in the Agreement; and 4) provide true, complete, and up to date legal and contact information. If you sign up for Number Tracker Pro on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
The term of the Agreement (the “Agreement Term”) begins when you sign up for Number Tracker Pro or first use the Services and continues as long as you use the Services.
Account and Password
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.
You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
We don’t have access to your current password, and for security reasons, we may only reset your password.
Fees, Payments and Refunds
We provide both free Accounts and payable one-time transaction Services on per account basis.
All charges for the paid services (“Charges”) are posted in the App , or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable. Where search returns a null or void result, your credit will be reimbursed.
The Services are a payable one-time transaction with per use payments.
In case of an unsuccessful charge to credit card, we’ll automatically suspend the service until your payment can be processed.
As long as you’re using paid services, you’ll provide Number Tracker Pro’s third party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
Reselling of the Services to third parties is permitted only if you sign a specific agreement with Number Tracker Pro.
Except as otherwise set forth in an Order Form, you or Number Tracker Pro may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account and any credit associated with it. You have to explicitly cancel your account by writing to [email protected]
We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
Once terminated, we may permanently delete your account and all the data and credit associated with it.
If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
If Number Tracker Pro terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
Number Tracker Pro may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.
Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of Number Tracker Pro. Subject to your full and complete payment of all amounts due to Number Tracker Pro therefor, to the extent Number Tracker Pro provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Number Tracker Pro Content”), Number Tracker Pro grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Number Tracker Pro Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Number Tracker Pro Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Software and the Number Tracker Pro Content.
In connection with the rights and licenses granted by Number Tracker Pro under the Agreement, Number Tracker Pro may provide you with user manuals, reference manuals, (collectively, the “Documentation”). Number Tracker Pro is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, Number Tracker Pro Content or data related to the Services (“Software”); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Number Tracker Pro Content, or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyzes relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Software and/or the Number Tracker Pro Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the Software and/or the Number Tracker Pro Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Software in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Number Tracker Pro reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services, the Software, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Number Tracker Pro or by other parties that have licensed their material to Number Tracker Pro. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Number Tracker Pro. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Number Tracker Pro or its third party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to Number Tracker Pro (“Feedback”) shall be the property of Number Tracker Pro and you hereby irrevocably transfer and assign to Number Tracker Pro such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
In using the Services, you may provide information (such as name, contact information, or other registration information) to Number Tracker Pro. Number Tracker Pro may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:
the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
We reserve the right, but not the obligation, to:
monitor the Service for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service .
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
From time to time down-time, either scheduled or unscheduled, may occur. Number Tracker Pro will work within reason to ensure this amount of down-time is limited. Number Tracker Pro will not be held liable for the consequences of any down-time.
Number Tracker Pro cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Number Tracker Pro entirely of all responsibility for any consequences of its use.
Warranty Disclaimer, Limitation Of Liability
You expressly acknowledge that use of the Services is at your own risk. To the fullest extent permissible under applicable law, the Services is supplied on an “as is” And “as available“ basis. Number Tracker Pro,Number Tracker Pro’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: a) its conformity, accuracy, currentness, completeness, reliability or security b) its suitability for a particular use; c) implied warranties of title, non-infringement; d) its market value; or e) your satisfaction. Number Tracker Pro does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components. You assume all responsibility for selecting the Services to achieve your intended results, and for the installation of, use of, and results obtained from the Services.
To the fullest extent permissible under applicable law, in no event will Number Tracker Pro, Number Tracker Pro’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the App or any related third party service. This includes without limitation a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, b) direct loss; c) accidental loss, d) incidental loss, e) consequential loss, and f) indirect loss.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Number Tracker Pro or its licensors, channel partners and associated service providers is to cease to use the App; and if applicable, seek damages for your losses. For any product purchased for use on a device that would not meet the applicable legal warranties, Number Tracker Pro’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the App. In no event Number Tracker Pro, its affiliates, licensors, channel partners and associated service providers be liable for damages in excess of any amount you have paid to Number Tracker Pro for the App during the twelve (12) months immediately prior to the time your cause of action arose.
Nothing in this section shall affect Number Tracker Pro’s liability for death or personal injury arising from Number Tracker Pro’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
For purposes of this section Number Tracker Pro’s licensors, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this agreement against you.
You are solely responsible for any damage caused to Number Tracker Pro, its licensors, channel partners and associated service providers and subcontractors, other users of the App or any other individual or legal entity as a result of Your violation of this agreement.
You hereby agree to defend, indemnify and keep indemnified Number Tracker Pro and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from a) a violation of any provision of this agreement or b) your use or misuse of the App. Number Tracker Pro reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Number Tracker Pro. The provisions of this Section shall remain in force after termination of this agreement.
The agreement is effective from the earlier of the date You purchase, download or use the App, until terminated according to its terms. You and Number Tracker Pro may terminate this agreement, at any time, for any reason. Termination by Number Tracker Pro will be effective upon a) notice to You or b) termination of Your Number Tracker Pro Account (if any) or c) at the time of Number Tracker Pro’s decision to discontinue offering and/or supporting the App. This agreement will terminate automatically if You fail to comply with any of the terms and conditions of this agreement. Upon termination for any reason, You must immediately uninstall the App and destroy all copies of the App in Your possession.
Changes To This Agreement Or To the App.
Number Tracker Pro reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this agreement for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You are responsible for checking this agreement periodically for changes. If any future changes to this agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this agreement, You may terminate this agreement in accordance with this Agreement and must immediately uninstall the App and destroy all copies of the App. Your continued use of the App following any revision to this agreement constitutes Your complete and irrevocable acceptance of any and all such changes.
Number Tracker Pro may modify the App for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the App. You agree that the App may install or download the modifications automatically. You agree that Number Tracker Pro may stop to support previous versions of the App upon availability of an updated version. Number Tracker Pro’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the App. Number Tracker Pro also reserves the right to amend the Rules of Conduct set out to place limits on the use of the App.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to [email protected] Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Web Site www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.
Waiver of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
Law and Jurisdiction
These terms and conditions and the relationship between you and Number Tracker Pro shall be governed by and construed in accordance with the Law of California and Number Tracker Pro and you agree to submit to the exclusive jurisdiction of the Courts of San Jose.