Track Group Terms of Service

These Terms of Service (“Terms” or “Agreement”) are an agreement between Track Group (“Software Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of Tracker Pal cloud-based software, Tracker Pal mobile applications, IntelliTrack cloud-based software, IntelliTrack mobile applications, Intouch cloud-based software, Intouch mobile applications, Empower mobile applications, Analytics desktop software, and Analytics cloud-based software (collectively the “Track Group Products” or “Services”).

Usage Requirement

All Track Group Products are used by a Supervising Authority (such as, but not limited to, a corrections department, police or sheriff department, probation department, state or national law enforcement agencies, or private companies, such as bail bondsmen, that serve such organizations) to operate court-ordered or legally mandated electronic monitoring services. Track Group Products and Services are not offered to the general public for private use.

Dependencies on Third-Party Services

Track Group Products may be dependent on various third-party services to properly operate, such as cellular communication networks, GPS satellites, text messaging services, and payment processing services. We do not warrant the offerings of any third-party. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using Track Group Products or its features: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Track Group Product, other software products, or the Internet; (h) to collect or track the personal information of others except as required by your electronic monitoring program; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Track Group Product, other software products, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Software Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Software Developer. All trademarks, service marks, graphics and logos used in connection with Track Group Products or Services, are trademarks or registered trademarks of Software Developer or Software Developer licensors. Other trademarks, service marks, graphics and logos used in connection with Track Group Products or Services may be the trademarks of other third-parties. Your use of Track Group Products and Services grants you no right or license to reproduce or otherwise use any Software Developer or third-party trademarks.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Software Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Software Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Software Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Software Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Software Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of Track Group Products or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Illinois, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Illinois, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to Track Group Products or Services at any time, effective upon posting of an updated version of this Agreement within Track Group Products. When we do, we will revise the updated date at the bottom of this page. Continued use of Track Group Products after any such changes shall constitute your consent to such changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using Track Group Products or Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access Track Group Products and Services.

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@trackgrp.com.

This document was last updated on June 2, 2020