Terms of Service for TRAKID Mobile Application
Please note that your use of the TRAKID mobile application (the “App”) is subject to our Mobile App Terms of Service.
This Online Interface is offered and available to users who are 18 years of age or older who are residents of the United States. By using this Online Interface, you represent and warrant that you are of legal age to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Online Interface.
CONSENT TO USE OF CHILD’S INFORMATION
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Our Service consists of a Band, services, and mobile applications to help parents/guardians monitor, track and locate their children and loved ones while attending theme parks or other crowded events (a “Park”). The Band is rented directly from the Park and parents and guardians can download our App to use our Service. The Company receives payment directly from the Park and does not collect any payments from users of the Service. We generally refer to individuals you use the Band to monitor or track in a Park as “children” or “child”, but the Service is not limited to monitoring and tracking minors.
Company provides the Service on an “as is” and “as available” basis to individuals who have rented a Band from a Park.
Company reserves the right to improve and change the Service and any element thereof at any time, at Company’s sole discretion.
Emergency Use Disclaimer
The Band is intended for use as a recreational location device for use solely within the parameters of the particular Park from which the Band was obtained. The Service is not a failsafe security system. The Service is not compatible with 911 or similar emergency telephone number or location systems. Therefore, proper safety precautions should always be used with children, despite the use of the Service.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Online Interface thereafter. However, any changes to the dispute resolution provisions set forth in Arbitration Clause & Class Action Waiver and Governing Law and Forum for Disputes will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Online Interface.
Your continued use of the Online Interface following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In order to use the Service, you must register and install the App. Access to the Service is limited requiring a user ID and password, or validated and authenticated email or phone number sign-in. You agree that all information about you (including information about your child or loved one) that you provide to access the Service, and during use of the Service (collectively, the “User Content”), is truthful, and you agree not to use any aliases or other means to mask your or your child’s or loved one's true identity. You agree that any email accounts used in connection with your access to and use of the Service belong to you and not any other person.
You agree to protect the confidentiality of your user ID and password and other confidential sign in information such as user ID and password, authenticated email or phone number, and not to share or disclose your such information to any third party. You agree that you are fully responsible for all activity occurring under your user ID. If you suspect any unauthorized use of your user ID or your account, you should change your password and/or contact Company immediately.
Your access to the Service may be revoked by Company at any time with or without cause.
In order to use the Service, you will need to download and install the App. Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the App and Company software related to the Service solely on Bands that you have rented from the Park or manage on behalf of an individual that has rented the Band from the Park. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason.
Ownership of the App and Content
The App, all Content (defined below) within the App or the Website, and any other material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Company name, the terms TRAKID, the Company logo and all related names, logos, product and service names, designs and slogans and its Service are protected by the United States and international copyright and trademark laws. The contents of the App, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the App (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Company.
In connection with providing the Service, Company may elect to update the software of the App or Band at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.
Third Party Software
The Service may contain or otherwise incorporate the use of portions of software being the sole property of third parties. Any such software is provided subject to the terms and conditions of such third party. Third party software used in connection with the Service may include, but is not limited to:
You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Service with your smartphone or other mobile device. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the App. You accept responsibility for any such charges that arise.
Defective or Damaged Bands
The Band is designed to endure the rigors of typical child activities, but it is not possible to anticipate all the circumstances the Band may encounter, including outright abuse of the Band. If you observe any defects with the Band, such as cuts, tears, deformed housings, damaged or loose parts, etc. or notice unusual heating or swelling of the Band, then the Band should not be used and should be returned.
App Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using a Band, the Online Interface or any portion thereof without authorization or in a way that is unintended, in violation of these Terms or in violation of applicable law. Unintended uses, including using the Service to track anything or anyone that is not a child, or adult may result in your access to the Service being revoked.
You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein.
Violations of security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any Band, the App or any activity being conducted on the App.
Termination of Access; Removal of Content of Features
In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms, or (ii) such action is necessary to prevent harm to any party or liability to Company.
Additionally, notwithstanding any other provision of these Terms, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials.
Disruption of Service
You acknowledge and understand that from time to time the Service may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that Service malfunctions may occur for reasons beyond Company’s control or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, internet service provider, Mobile Provider, hostile network attacks, network congestion or other failures. You agree that we will not be liable to you or to any third party in the event the Service is inaccessible or malfunctions, or for any disruption in the Service. You also acknowledge and understand that the Service includes a cellular modem and antenna system that is built into a much smaller form factor than a typical mobile device. This smaller form factor may exhibit limited cellular radio coverage compared to the coverage of a typical cellular mobile device.
The Band is certified compliant with applicable FCC requirements for electronic emissions when used in the manner prescribed by the manufacturer.
Additional Apple Terms
The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device (“iOS App”):
You acknowledge that these Terms of Service are concluded between you and Company only, and not with Apple. Company, and not Apple, is solely responsible for Company’s iOS App and the services and Content available thereon.
You agree that your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and that your use of Company’s iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
You and Company agree that Apple shall have no obligation to provide maintenance and support services with respect to Company’s iOS App.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company’s iOS App.
You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company’s iOS App or your possession and/or use of Company’s iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You agree that Company, and not Apple, is responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Company’s iOS App or your possession and use of Company’s iOS App.
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 and Company agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of service applicable to Company’s iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
Additional Android Terms
The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device (“Android App”):
You acknowledge that these Terms of Service are concluded between you and Company only, and not with Google, Inc. (“Google”). Company, and not Google, is solely responsible for Company’s Android App and the services and Content available thereon.
You agree that your use of Company’s Android App shall be subject to the then-current Android Market Terms of Service.
Google Inc., as provider of the Android Market, shall have no obligation or liability to you with respect to Company’s Android App or these Terms of Service.
You acknowledge and agree that Google is a third party beneficiary to the Terms of Service applicable to Company’s Android App.
The value of our brand is important. Our current (and future) company name, logo and all related names, logos, product and service names, designs and slogans are or are expected to be covered by trademarks protection benefiting Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Online Interface are the trademarks of their respective owners.
You may use the Online Interface only for lawful purposes and in accordance with these Terms. You agree not to use the Online Interface:
Additionally, you agree not to:
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Online Interface may contain links to third-party Online Interfaces and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
The owner of the Online Interface is based in the State of North Carolina in the United States. We provide this Online Interface for use only by persons located in the United States. We make no claims that the Online Interface or any of its content is accessible or appropriate outside of the United States. Access to the Online Interface may not be legal by certain persons or in certain countries. If you access the Online Interface from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Online Interface will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Online Interface for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE INTERFACE, THE BAND OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE INTERFACE LINKED TO IT.
YOUR USE OF THE ONLINE INTERFACE, ITS CONTENT, THE BAND AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE IS AT YOUR OWN RISK. THE ONLINE INTERFACE, ITS CONTENT, THE BAND AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ONLINE INTERFACE OR BAND. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE INTERFACE, ITS CONTENT, THE BAND OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR ONLINE INTERFACE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE THAT CONNECTS THE BAND TO THE ONLINE INTERFACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ONLINE INTERFACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE BAND, THE ONLINE INTERFACE, ANY ONLINE INTERFACES LINKED TO IT, ANY CONTENT ON THE ONLINE INTERFACE OR SUCH OTHER ONLINE INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE INTERFACE OR SUCH OTHER ONLINE INTERFACES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or violation of applicable law, or your use of, or access to, the Online Interface, the Band or the Service, including, but not limited to, your User Content, any use of the Content, services and products other than as expressly authorized in these Terms, your use of any information obtained from the Online Interface or use of use of, or access to, the Online Interface, the Band or the Service by anyone using your user ID.
Arbitration Clause & Class Action Waiver
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND COMPANY (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH COMPANY, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to TRAKID, Inc., 310 S Harrington St., Raleigh, North Carolina 27603.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND COMPANY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Company and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to email@example.com within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
These Terms, and your relationship with Company under these Terms, shall be governed by the laws of the State of North Carolina in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Company or its owners, officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Company is able to offer the Service and that your assent to this provision is an indispensable consideration to these Terms. You also acknowledge and understand that, with respect to any dispute with Company, its owners, officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
California Consumer Rights Notice
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Your Comments and Concerns
This Online Interface is operated by TRAKID, Inc., 310 S Harrington St., Raleigh, North Carolina 27603.
All other feedback, comments, requests for technical support and other communications relating to the Online Interface should be directed to: firstname.lastname@example.org.