This is a legal agreement ("AGREEMENT") between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and Trust Builders, Inc. By subscribing to TRAK-Online, you agree to be bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement, your subscription will be terminated with refund, if applicable. This agreement may be modified in writing only by a written notice from Trust Builders, Inc.
Grant of Subscription:
Trust Builders, Inc. grants you a non-exclusive and non-transferable limited subscription to use TRAK-Online, and to use the written materials ("Documentation") accompanying the Software, in accordance with the terms and conditions of this agreement.
TRAK-Online is for use by an individual, or by an assistant to that individual. An assistant may not be an individual whose function is to use TRAK-Online, or reports generated therefrom, for education of and/or sales to clients.
TRAK-Online and reports generated from TRAK-Online may be used only by the subscribed individual for education of and/or sales to clients. TRAK-Online and reports generated there from may only be used for education of and/or sales to clients after a subscription has been purchased. If a trial version of TRAK-Online is used for education or/or education to their clients, a subscription must be immediately purchased from Trust Builders, Inc.
Violation of these terms may result in termination of the subscription without refund.
Copyright and Other Proprietary Rights:
TRAK-Online and its documentation contains copyrighted material, trademarks, and other intellectual property that is provided by and belongs to Trust Builders, Inc., and are protected by applicable United States laws and international treaty provisions. You may not copy the Documentation. Trust Builders, Inc. retains all rights, title, interest and ownership, of, in, and to TRAK-Online and its documentation. Trust Builders, Inc. reserves the right to modify and/or enhance TRAK-Online and its documentation without obligation to notify you of such changes or furnish them to you, and retains all rights in such modifications and enhancements except as granted to you under this agreement. This agreement applies to any such modifications and enhancements.
You may not loan, rent, resell, broker, lease, sublet, or otherwise transfer TRAK-Online to another entity or individual. You may use TRAK-Online only to provide illustrations for those you function for as an advisor, in an advisory capacity, or have a direct working relationship with . You may not assign or transfer this subscription, any rights granted under the agreement, TRAK-Online, and/or the documentation. Any attempt to sublicense, assign, transfer, or broker TRAK-Online will immediately nullify your subscription. You may not reverse engineer, decompile, or disassemble TRAK-Online and documentation, such as for publication, use, reproduction, and/or distribution.
TRAK-Online is a subscription-based service. Payment is for a subscription to one or more of TRAK-Online’s calculators. Payment for your subscription can be on a monthly or yearly basis. You may elect to cancel your subscription at any time. Early cancellation will not result in a refund. Should you cancel your subscription or fail to pay the subscription fee, your account will be deactivated and the data will be saved for 90 days after which time your data will be destroyed. Terms are subject to change without notice.
This subscription is for limited use as explained above, is effective from the date you subscribe to TRAK-Online, and continues until the subscription expires or is not renewed. You may elect to cancel your subscription at any time. Early cancellation will not result in a refund. Should you cancel your subscription or fail to pay the subscription fee, your account will be deactivated and the data will be saved for 90 days after which time your data will be destroyed. The subscription shall terminate immediately if you fail to comply with any term or condition of this agreement, and upon such termination (a) Trust Builders, Inc. shall have the right to seek any legal or equitable remedies that may be available to Trust Builders, Inc; and (b) your subscription will be terminated.
Copies of generated reports create in TRAK-Online are currently archived. In order to maintain server accessibility, TRAK-Online does not indefinitely retain report copies in the report archive. Client Reports (reports generated in any calculators other than the Batch Processing tool) will be deleted from the report archives fourteen (14) days after being generated. Batch Processing reports will be deleted from the report archives three (3) days after being generated.
TRAK-Online allows interested parties a free evaluation period for the application. Accounts created for a demonstration version of TRAK-Online will be deleted two weeks after they expire.
ANNUAL UPDATES AND CHANGES:
Trust Builders Inc reserves to right to update, enhance and improve TRAK-Online at any time and without prior notification. TRAK-Online will be updated for changes no less than annually.
The annual cost for these updates is factored into the subscription fees.
Trust Builders Inc. reserves the right to change or modify this End User Subscription Agreement at any time and without prior notification. In the event a change is made to this agreement, users will be required to accept the updated agreement if they wish to continue their subscription.
LIMITATIONS AND REMEDIES:
Trust Builders' entire liability and your exclusive remedy shall be the initial subscription price . The limited warranty is void if the failure of TRAK-Online had resulted from neglect, accident, abuse, or misapplication.
NO OTHER WARRANTIES:
Trust Builders, Inc. disclaims all other warranties, either expressed or implied, to the maximum extent of the law. This includes, but is not limited to warranties of merchantability and fitness for a particular purpose, with respect to TRAK-Online and the accompanying written materials.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY.
Some states do not allow for limitation on the duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have other rights, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGE:
In no event shall Trust Builders, Inc., or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use TRAK-Online, even if Trust Builders, Inc. has been advised of the possibility of such damages. In no event shall Trust Builders, Inc. liability, however founded, exceed the price paid by you for subscription.
You agree to hold Trust Builders, Inc. harmless and pay any and all attorney fees that may arise from any litigation from your use of TRAK-Online and/or any of TRAK-Online’s calculations, or the illustrations created by TRAK-Online. It is hereby acknowledged by you that Trust Builders, Inc. have no physical control over your use of the TRAK-Online and the calculations, illustrations and reports created and presented by you and to your clients.