IMPORTANT NOTICE: DISPUTES ABOUT THE TERMS OF THIS EULA ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION BELOW (SECTION 12).
1. Our App
B. Uninstallation: You can easily uninstall the App by following the steps available in the Uninstall page on our Website. If you are having any difficulties with uninstalling the App, please email us at .
2. Third-Party Content and Websites
Third-Party Content may contain links to websites owned by third parties that are not under the control of FreeTrackerForPackages. FreeTrackerForPackages is not liable or responsible for the content of any Third-Party Content or its corresponding websites. Further, FreeTrackerForPackages does not monitor, review, endorse, approve, warrant or make any kind of representations regarding the Third-Party Content or related websites. Your visit to any third-party website is solely at your own risk and subject to the third party's terms and conditions and policies.
A. Grant of License: FreeTrackerForPackages grants you a limited, revocable, non-transferable, non-assignable, non-exclusive, non-sublicensable license to download and install the App and to use the Website, both of which can only be used solely for personal, non-commercial purposes.
B. Conditions and Restrictions: You may not distribute, lease, rent, sell, copy, sublicense, assign, or in any way transfer the Website, App or this EULA or use the Website or App for the benefit of any third party in any way. You may not disassemble, modify, decompile or otherwise reverse-engineer the App’s source code, or attempt to do so for any reason whatsoever. Further, you may not modify, access, or create the source code of the Website or App in any way whatsoever. You may not create derivative works of the Website or App. Any enhancements or modifications to the Website and/or App, whether created by us, you, or any third party, remain our sole property. You understand that in our sole discretion, we may modify or discontinue or suspend your right to access and use the Website or App at any time. In addition, we may at any time, in our sole discretion, terminate or suspend any license under this EULA and disable the App or any of its features or functionalities.
You agree that the Website and App are licensed, not sold, to you. You acknowledge that the App, including all of its technical components (such as the code, software, protocols and any documentation provided to you by us in relation with the App) are our intellectual property or that of our licensors, and are protected by U.S. and international copyright, trademarks, patents, trade secret and other proprietary rights and intellectual property laws in any applicable country or jurisdiction worldwide. You may not alter, delete or remove any copyright, trademark or other proprietary notices that we have placed on the Website and App. All rights not expressly granted herein are expressly reserved to us and to our licensors. By accepting this EULA, or downloading or using the Website or App, you represent and warrant that you are either the owner or authorized user of the computer from where the App is or will be installed, and that you will use the Website and/or App only for lawful purposes. Use of the Website and App is subject to, and you agree that you shall comply with, applicable laws, rules and regulations at all times. You agree not to use the Website or App to conduct any business or activity or solicit the performance of any activity, which is prohibited by any contractual provision by which you are bound or laws.
FreeTrackerForPackages and other trademarks contained in the content of the Website and App are our (or that of our licensor’s) trademarks or registered trademarks. You may not remove, modify or alter any trademark, trade names, logo, copyright, product names or any other proprietary notices, symbols or labels on the Website or App. This EULA does not authorize you to use our or that of our licensors' names or any of their respective trademarks.
6. Automatic Updates
FreeTrackerForPackages may make automatic updates generally available to end users when releasing a new version of the App ("Updates"). In addition, we reserve the right to add or remove features or functionalities to the Website and App. When the App is installed on your computer, it will periodically communicate with our servers to request and obtain automatic Updates. The Updates may occur automatically with or without additional notice to you and may occur all at once or over multiple sessions.
We may require the Updates of the App. Accordingly, you agree that your acceptance of such automatic Updates is a condition for your use of the App. The functionality of the automatic Updates is built in into the App and therefore cannot be selectively disabled.
7. Access and Interference
You agree that you will not use any spider, robot or other manual or automatic device or technology to disrupt or attempt to interfere with the proper workings of the Website or App. You may not violate or attempt to violate the security of our App. We reserve the right to investigate instances that may involve such violations and may cooperate with legal and law enforcement authorities in prosecuting those individuals who have participated in such violations. However, you agree that it is solely your responsibility to take protective measures, such as installing anti-virus software and related protections against viruses, time bombs, cancelbots, Trojan horses, worms or other malicious products that may have the effect of destroying, damaging, disrupting or otherwise impairing your computer's operation or functionality.
YOUR ACCESS, USE AND DOWNLOAD OF THE APP AND WEBSITE ARE SOLELY AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND APP (INCLUDING THE SERVING/DISPLAY OF THIRD-PARTY CONTENT) ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TRADE, TITLE, CUSTOM OR ACCURACY OF INFORMATIONAL CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE WEBSITE OR APP, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF THE WEBSITE OR APP. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (I) AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE AND APP, (II) THAT THE WEBSITE AND APP WILL BE AVAILABLE OR WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER, OR (III) THAT ANY DEFECTS OR ERRORS RELATED TO THE WEBSITE AND APP WILL BE CORRECTED. IN ADDITION, WE ALSO DO NOT WARRANT THAT THE APP OR THE INFORMATION AVAILABLE THROUGH THE APP IS ACCURATE, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY ISSUES OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE YOUR USE OF THE WEBSITE, AND FOR THE APP, IS TO UNINSTALL THE APP. PLEASE NOTE, SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN THESE JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA.
9. Limitation of Liability
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL FREETRACKERFORPACKAGES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF FREETRACKERFORPACKAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS EULA, TO ANY THIRD-PARTY CONTENT OR TO YOUR USE OR THE INABILITY TO USE THE WEBSITE OR APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY FOR DAMAGES OR SUCH EXCLUSION, IN THESE STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold FreeTrackerForPackages harmless from and against any loss, liability, costs or expenses (including, but not limited, to reasonable attorney's fees) arising from or related to any claims, actions or proceedings, to the extent that such claims, actions or proceedings are based on your breach of this EULA and/or your use of the Website or App. You agree to indemnify and hold FreeTrackerForPackages (and its members, officers, directors, employees, contractors, agents, affiliates and subsidiaries) harmless, including any attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website or App, (ii) your breach of any term in this EULA; or (iii) your violation of applicable laws, rules or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FreeTrackerForPackages and you agree to fully cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use our reasonable efforts to notify you of any such claim, action or proceeding upon us becoming aware of it.
You may terminate this EULA at any time by ceasing your use of the Website and uninstalling and destroying all copies of the App. If you do not comply with the terms of this EULA, at any time, we reserve the right to immediately terminate your access to the Website and App.
We may discontinue, disable and/or modify any aspect or functionality of the Website or App at any time in our sole discretion. We may also, in our sole discretion, terminate your use of the Website and App for any reason, including, without limitation, if we believe you have breached or acted inconsistently with the intent or letter of this EULA. Accordingly, you agree that we shall not incur any liability to you or any third party for any termination of your access to the Website or App.
12. Dispute Resolution (Binding Arbitration and Class Action Waiver)
Any disputes arising out of or relating to FreeTrackerForPackages shall be brought before the American Arbitration Association (“AAA”) in California. Such arbitration shall be final and binding. You shall first send your dispute to to attempt to resolve the matter prior to legal proceedings. Should FreeTrackerForPackages fail to respond or resolve the dispute within 30 days, you may then submit your dispute to AAA.
Each of FreeTrackerForPackages and you may bring claims against one another only in our individual capacities and not in a class action proceeding. You understand that by using our Website or App, you waive the right to commence a class action proceeding or join in class action proceedings against FreeTrackerForPackages.
You may exclude yourself from the requirements in this Section by notifying FreeTrackerForPackages by email at . For your exclusion to be valid, you must email FreeTrackerForPackages your exact request within 30 days of accessing the Website and/or downloading the App.
13. Applicable Law, Severability and Third-Party Rights
A. Applicable Law: The laws of the State of California, without regard to any conflict of laws principles, shall govern all matters relating to or arising from this EULA and your use of (or inability to use) the Website or App. Further, you hereby exclusively submit to the jurisdiction and venue of the appropriate federal and state courts located in California with respect to all matters arising out of or relating to this EULA.
B. Severability: If any provisions of this EULA shall be declared voidable or unenforceable in whole or in part, such provisions shall be severable and independent from the other provisions of in this EULA. Accordingly, the validity of the other provisions and of the rest of this entire EULA shall not be affected and remain in full force and effect.
C. Third Party Rights: The provisions of this EULA are intended only to have effect between FreeTrackerForPackages and you and therefore, you may not confer any benefit or right of enforcement upon any other individual or entity.
14. Customer Questions
Please let us know of any issues, questions or concerns you may have regarding the Website and/or App by emailing us at .
Updated: October 22, 2021
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