Terms of Use
Welcome to Trackmobile.com (“Site”). This Site is operated by Trackmobile® LLC (together with its affiliates, “Trackmobile,” “we,” “us,” or “our”). Please read these Terms of Use (“Terms”) as they, together with our Privacy Policy and any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms apply to all persons who visit this Site.
By using this Site you agree on behalf of yourself and any organization that you represent (together, “you”) that you have read, understand and accept these Terms and the Privacy Policy, and you affirm that you are more than 18 years of age and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms, and you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
Trackmobile and its affiliates reserve the right to change these Terms from time to time. Material changes will be conspicuously posted on the Site or otherwise communicated to you. All changes will be effective immediately upon posting to the Site. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms of such changes. If you do not agree with these Terms or the Privacy Policy, please do not use the Site.
1. Privacy Policy
For an explanation of Trackmobile’s policies and practices regarding information that we may collect from or about you in connection with your use of this Site, you should review Trackmobile’s Privacy Policy, the terms of which are incorporated herein. By using this Site, you are agreeing to the Privacy Policy and you will be bound by the terms of such Privacy Policy.
2. United States Site and Pricing
Trackmobile administers this Site from the state of Georgia, located in the United States of America. Materials and information contained on this Site predominantly apply to the United States market. Trackmobile makes no representation that the Site is appropriate or available for use outside of the United States. If you choose to access the Site from outside of the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
This Site in no way constitutes an offer to buy or sell vehicles from Trackmobile or to provide financing or leasing. Trackmobile does not include pricing information for products mentioned on this Site, as all of our equipment and options are sold through our authorized distributor network. Individual authorized distributors set the actual transaction price. Contact your selected authorized distributor for the actual price of any equipment and any applicable terms and conditions that may apply.
3. Depiction of Equipment
Equipment shown on this Site is for general illustration only. Equipment shown is typically a sample model only of the same production year. Details of a selected model may vary from the equipment shown depending on the features you choose. Equipment availability may be limited.
4. Third-Party Websites and Information
This Site may contain links to third-party websites that are not owned or controlled by Trackmobile, including but not limited to links to websites for Trackmobile authorized distributor (“Third-Party Websites”). Trackmobile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, Trackmobile will not and cannot censor or edit the content of any Third- Party Website. By clicking on links, you expressly relieve Trackmobile from any and all liability arising from your use of any Third-Party Website, or from the content of any Third-Party Website. When using a Third-Party Website, you should be aware when you leave Trackmobile’s Site and read the terms and conditions and privacy policy of each Third-Party Website that you visit.
5. Limited License; Restrictions
This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are exclusively the property of Trackmobile or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Trackmobile or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly provided herein, Trackmobile does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these Terms, Trackmobile grants you a non-exclusive, non- transferable, limited right to access, use, display and listen to this Site, including the information, images, sounds and text thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Trackmobile’s claims of ownership or validity of its rights in this Site.
Trackmobile authorizes you to view and download the visible content on this Site only for your personal, non- commercial use. You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Trackmobile’s prior written consent. Trackmobile may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
you must retain, on all copies of the materials downloaded, all copyright, trademark, and other proprietary notices contained in the materials;
you will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Trackmobile;
you warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief;
you will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
you will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
you will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
you will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and
you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.
6. Linking, crawling and archiving
If you would like to link to this Site, you must comply with the following guidelines:;
Do not incorporate any content from this Site into your website (e.g., by in-lining, framing or creating other browser or border environments around the Site’s content). You may only link to, not replicate, the Site content;
You may not use any Trackmobile trademarks, logos, designs or service marks in your links;
You may not create the appearance of a relationship or affiliation with Trackmobile;
Your website may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the Site and you may not circumvent any site security measures.
7. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY PAGE OF THE SITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE TRACKMOBILE’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TRACKMOBILE RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This Site is intended as a resource for people interested in Trackmobile’s equipment, options, and research. This Site isn’t the place to address warranty or customer service questions or concerns or products sold by Trackmobile. If you have a question about a Trackmobile product, please contact Trackmobile’s Service Center by calling (706) 884-6651 in the United States or +1 (706) 884-6651 in Canada during normal business hours.
8. Trademark Notice
The Trackmobile name, and all trademarks and logos displayed on this Site are owned or used under license by Trackmobile® LLC. These trademarks include, but are not limited to, product brand names (e.g., MAX- TRANTM, Safe-T-VueTM) and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
9. Changes to the Site
Trackmobile may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. Trackmobile reserves the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time without notice and without incurring any obligations.
10. Indemnification
You agree that you will defend, indemnify and hold harmless Trackmobile, its subsidiaries and affiliates, and their respective distributors, dealers, dealer associations, advertising and promotions agencies, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your access to or use of this Site, your breach or alleged breach of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of Trackmobile or third parties. Trackmobile reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Trackmobile’s defense of such claim.
11. Designated Agent for Copyright Notification
If you believe that any content on this Site infringes your copyright rights, please contact Trackmobile’s designated agent for receiving such notifications in writing as follows:
Trackmobile LLC
1602 Executive Drive
LaGrange, GA 30240
Email address: webmaster@trackmobile.com Phone number: 706-884-6651
In your communication, please include:
Your physical or electronic signature.
Identification of the copyrighted work you claim to have been infringed, or, if there are multiple
copyrighted works, a representative list of such works.
Identification of the material that you claim to be infringing, and information reasonably sufficient to
permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number,
and, if available, an email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by you or the law.
A statement that the information in your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
12. NO WARRANTY
THIS SITE, INCLUDING ALL INFORMATION IT CONTAINS, IS PROVIDED FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILBLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, AND COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS. TRACKMOBILE IS NOT RESPONSIBLE FOR ANY SUCH ERRORS. TRACKMOBILE, INFORMATION PROVIDERS AND THEIR AGENTS MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ACCURACY, CURRENCY, OR COMPLETENESS, THE OPERATION OF THE SITE, THE INFORMATION, MATERIALS, CONTENT, AVAILABILITY, AND PRODUCTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRACKMOBILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. TRACKMOBILE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITE LINKED TO THIS
SITE AND IS NOT DIRECTLY OR INDIRECTLY IMPLYING ANY APPROVAL, ENDORSEMENT OR AFFILIATION WITH ANY LINKED WEBSITE. NEITHER TRACKMOBILE NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE SITE. TRACKMOBILE DOES NOT WARRANT OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACKMOBILE’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. TRACKMOBILE, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, WITHOUT LIMITATION, ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. TRACKMOBILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRACKMOBILE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NEITHER TRACKMOBILE, INFORMATION PROVIDERS NOR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
13. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRACKMOBILE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “TRACKMOBILE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER
INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A TRACKMOBILE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
14. Miscellaneous
These Terms are governed by, and construed in accordance with, the laws of the State of Georgia, regardless of principles of conflicts of laws. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated, and the remaining terms will remain in force and effect. Trackmobile’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Trackmobile. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. All lawsuits arising from or relating to these Terms shall be brought in the Federal or State courts located in Troup County, Georgia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Trackmobile, except that our affiliates are third-party beneficiaries of these Terms. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Trackmobile’s successors and assigns. Any provisions of these Terms that are intended to survive termination (including any provisions regarding dispute resolution, indemnification, and limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to or use of the Site. These Terms and any other documentation, agreements, notices, or communications between you and Trackmobile may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
15. Contact Us.
Please direct any questions and concerns regarding these Terms to us by email at webmaster@trackmobile.com or by mail at Trackmobile LLC, 1602 Executive Drive, LaGrange, Georgia 30240.
Last Updated: June 29, 2018