Terms of Service
This Site provides two separate products: (1) IP Cloud storage for intellectual property in the IP Vault; and (2) the ID your IP questionnaire to assess intellectual property and access to the IP Cloud Member resource and management area.
Traklight shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for accessing or using the Site. Further, Traklight may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
Traklight Reports: where you provide information or make choices, even if based upon suggestions or tips provided by Traklight, and resulting in a report where that information or the outcome of your choices, does not and is not intended to represent the advice of Traklight, or the practice of law. These completed or generated reports are no more than self-help reports where you would fill in the information or make the choices as if they were forms with blanks to be completed, even if a programmer has programmed a decision tree. Traklight is not applying the principles of the laws of your state, including those based upon the information you provide or the choices you make. Traklight does nothing more than allow you to pick and choose among various choices or provisions. It is your responsibility to get the completion of the report right.
THIS SITE SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. TRAKLIGHT DOES NOT PROVIDE ANY LEGAL ADVICE. THE PURCHASE OF ANY SERVICES THROUGH TRAKLIGHT DOES NOT IN ANY WAY CONSTITUTE, FORM, OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH TRAKLIGHT, ANY OF ITS OWNERS, OR AFFILIATES. NOTHING ON THIS SITE OR ANY COMMUNICATIONS FROM TRAKLIGHT, EXPRESSED OR IMPLIED, SHOULD EVER BE CONSTRUED IN ANY WAY AS LEGAL ADVICE. IF USER NEEDS LEGAL ADVICE, USER SHOULD SEEK SUCH LEGAL ADVICE FROM A LICENSED ATTORNEY.
2. Modified Terms
User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of this Site and all charges related thereto.
User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Traklight, and Traklight shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Traklight's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Traklight, access to the Site may be interrupted, suspended, or terminated from time to time.
4. Non-disclosure Agreement
The purpose of the IP Vault is to time stamp all files that are uploaded to it as a way to provide evidence regarding when the author created the document or reduced the concept to a written document. Traklight's business practice does not include reviewing each file when it is uploaded, only time stamping and storing it. Using the IP Vault or ID your IP does not constitute a public disclosure. Traklight agrees not to disclose the content of any file that a User uploads to the IP Vault or that a User inputs into ID your IP, unless it is required to disclose such information by a court order.
User agrees not to reverse engineer the underlying code for the IP Vault or ID your IP. Additionally, User shall not download, copy, or take screenshots of any questions used in ID your IP.
5. User Conduct
User shall provide an accurate email address and website address (if applicable) when posting comments on the Traklight blog. User may use a pseudonym when posting comments, but shall not make misrepresentions or acts of fraud.
6. Purchasing Terms
When making a purchase, User must provide accurate personal and credit card information. User agrees to pay all charges related to using the IP Vault and/or ID your IP. If the fee for using the IP Vault changes, Users will be given notice via email at least 10 days in advance. Continuing to use the IP Vault communicates acceptance of the increased fee.
User may pay to store files in the IP Vault on a quarterly, six-month, annual, or multi-year basis. Traklight will automatically send a renewal email every time that payment is due. If a User ceases to pay the storage fee, Traklight will store the User's files for six months in their account. During that time, if User wishes to obtain a Vault Confirmation, they must pay any past-due storage fees and an additional document fee. After one year of non-payment, Traklight will archive User's files and charge a retrieval fee in addition to past-due storage fees and a document fee.
7. Using the IP Vault and ID your IP
By uploading a file to the IP Vault, the User agrees that they have created or otherwise own the contents of the file. If the User uploads a file that they do not own or is illegal, the User may be liable for civil or criminal damages.
User agrees that the content of their file does not infringe on anyones intellectual property rights. Neither uploading a file to the IP Vault nor using ID your IP creates any additional intellectual property rights for User. User retains ownership of anything they upload to the IP Vault or disclose during the use of ID your IP, and any related intellectual property rights.
The IP Vault stores sensitive data produced and furnished by Traklight's Users. User is responsible for protecting every piece of sensitive data within their control and power.
Traklight takes reasonable efforts to protect all User data online and offline. This includes all data that is transmitted across the Internet and the data stored on Traklight's servers.
All data transmitted across the Internet between User and this Site will be 256-bit encrypted using Secure Sockets Layer (SSL) technology. User will know this technology is in use by the presence of the "golden lock" on User's Internet browser.
All data stored on Traklight's servers are secured by the industry standard database security architecture and best practices, including restricted database accessibility and visibility to the Internet. Authorized Traklight personnel will be permitted specific and limited access to perform operative and maintenance tasks that may include access to sensitive customer information.
Traklight takes every reasonable effort to protect Users' personal information. However, this statement shall not be construed as a guarantee or warranty of data protection. In the event of security breach, Traklight will notify Users via email of the event and what information may have been accessed. User agrees not to hold Traklight liable for any damage that may result.
9. Copyrights and Trademarks
Everything located on or in this Site is the exclusive property of Traklight or used with express permission of the copyright and/or trademark owner, except for the files Users upload to the IP Vault. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF TRAKLIGHT, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks, and other proprietary information that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Traklight owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You hereby agree to assign and do assign to Traklight any modifications or derivative works of any copyrighted works owned by Traklight made by you.
User may download, print, and/or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Traklight or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that they do not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or otherwise owned or operated in conjunction with Traklight shall not be deemed to be in the public domain but rather the exclusive property of Traklight unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Traklight unless otherwise stated.
User shall not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Traklight does not have any express burden or responsibility to provide User with indications, markings, or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted Traklight the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display, create derivative works from, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. User also permits any other User to access, view, store, or reproduce the material for that User's personal use. User hereby grants Traklight the right to edit, copy, publish, publicly display, create derivative works from, and distribute any material made available on this Site by User.
The foregoing provisions of this Section apply equally to and are for the benefit of Traklight, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
10. Digitial Millennium Copyright Act Policy
Traklight reserves the right to terminate its agreement with any User who repeatedly infringes third-party copyright rights upon prompt notification to Traklight by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide Traklight with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Traklight's Copyright Agent for notice of claims of copyright infringement is as follows:Traklight, Inc.
Attn: DMCA/Copyright Agent
275 N. Gateway Dr.
Phoenix, AZ 85034
If your material is removed from this Site or if access to it is disabled because of a suspected copyright infringement, and you believe that the removal was wrongful, you shall submit the following information to Traklight's Copyright Agent: (a) an electronic or physical signature; (b) an identification of the material which was removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) the User's name, address, and telephone number, and (e) a statement that User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that User will accept service of process from the person who provided the initial notification or an agent of such person.
11. Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER'S SOLE RISK. NEITHER TRAKLIGHT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS,EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY ORCONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAKLIGHT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liabilities
IN NO EVENT SHALL TRAKLIGHT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNLESS LIMITED BY JURISDICTION.
Traklight may provide links to other websites on this Site. Providing a link, however, is not an endorsement. Traklight shall not be responsible for any material on any site to which it provides a link. User assumes all risk by following a link. Traklight provides no guarantee that any website it links to will be accurate or available.
Users may provide links to this Site on other websites; however, they must notify Traklight of it. Traklight reserves the right to require a User to remove such a link for any or no reason.
Traklight has no obligation to monitor the site, but it can, and Traklight may remove anything that a User posts for any or no reason.
User acknowledges that all blog comments are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Traklight does not control or endorse the content, messages or information found in any User comment and, therefore, Traklight specifically disclaims any liability concerning Users' comments and any actions resulting from Users' comments, including any objectionable content. Any communication which User posts to Traklight's blog is considered to be non-confidential. By posting comments on the Site, User grants Traklight the right to use such comments for promotions, advertising, market research, or any other lawful purpose without territorial, time or other limitation.
How Traklight Uses Your Information
Traklight is dedicated to protecting Users' privacy and takes reasonable steps to protect Users' personal information. Traklight collects users’ name and email address in the course of creating a Traklight account and in completing the Business Risk Assessment; ID your IP; and the Vaults. Traklight also requires Users to provide their email address when posting comments to the blog. This information will be used to contact User if necessary. User information may be compiled to create and examine aggregate demographic information about Users. Only the people within Traklight who need Users' information to complete their job tasks will have access to it.
Traklight may disclose User information if it is required to do so as part of a legal proceeding. This may occur without notification to the User.
Sharing Your Information
Traklight shall use Users' personal information only as permitted by law. Traklight will not share or sell User's personal information to other third parties. If Traklight ever wishes to use Users' personal information in a different way than stated when the information was collected, Traklight will give notice to Users via email.
Traklight is affiliated with other third parties, including other websites to which it provides links. These third parties may have their own privacy policies. Traklight is not responsible for the privacy practices of any website it links to or any other third parties.
Traklight is dedicated to protecting the privacy of children. No child under 13 is permitted to use the Site. Any child over 13 years old must have permission from a parent or guardian to use the Site.
Traklight stores your account data using industry standard database security architecture and best practices, including restricted database accessibility and visibility to the Internet, to ensure the security of users’ private information. Users should take care to safeguard the privacy of their Traklight account password to prevent unauthorized access to any personal information associated with their Traklight account.
Legal Basis for Information Processing
By signing up for a Traklight account you are providing your consent for Traklight to use the personal information you have provided in accordance with these Terms of Service. You may withdraw your consent by using the prescribed methods listed below.
If you wish to delete your account and all data associated with it, you can contact firstname.lastname@example.org and we will make every effort to comply with your request in a timely fashion. You may also unsubscribe from any Traklight emails by using the Unsubscribe links provided at the bottom of every Traklight email and newsletter.
User agrees to defend, indemnify, and hold harmless Traklight, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by User in connection with the Site.
To the extent permitted under applicable laws, User hereby releases Traklight from any and all claims or liability related to any product or service provided through this Site and any conduct or speech, whether online or offline, of any other user.
This Agreement shall constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
18. Dispute Resolution
By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against Traklight arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held in Maricopa County, Arizona, or at such other location as may be mutually agreed upon by User and Traklight; (3) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User's and/or Traklight's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Traklight may in its sole discretion agree to litigation; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither User nor Traklight shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org.
If Traklight is unsatisfied with the result of arbitration, they may appeal the result by filing a claim in Maricopa County Superior Court. Arizona law will govern all appeals.
Questions and complaints may be sent to Traklight, Inc. at 275 N. Gateway Dr., Ste. 120, Phoenix, AZ 85034 or via email at email@example.com.
20. Opt-Out Option
Users may occasionally receive a newsletter and information about products, services, and special deals. Out of respect for Users' privacy, Users have the opportunity to opt-out of receiving these types of communications. Users may select the "opt-out" option on their personal information. Users may also opt-out of receiving these communications by emailing firstname.lastname@example.org with "unsubscribe" as the subject line.
Termination may occur without notification and without a refund to the User. The provisions of Sections 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, and 17 will survive termination of this Agreement. Traklight shall not liable for any damages for terminating a User.