Terms of Service

Effective November 14, 2022

These Terms of Service apply to the website located at www.Tracer.ai, together with all related webpages (collectively, this “Website”).  Focus IP, Inc., doing business as Tracer (“Tracer” or “we”) reserves the right to change these Terms of Service from time to time by posting such revision on this Website, each of which revisions will become effective immediately unless otherwise expressly stated.

 

YOUR USE OF THIS WEBSITE—WHETHER AS A REGISTERED USER OR AS AN UNREGISTERED VISITOR TO THIS WEBSITE–CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE; IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE DO NOT USE THIS WEBSITE.

 

  1. Website Limited License

 

As a user of this Website, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to access and use this Website in accordance with these Terms of Service and any written, signed agreement between you and Tracer. Tracer may terminate this license at any time for any reason, subject only to the requirements of any written, signed agreement between you and Tracer.  Upon termination of the license, you agree to terminate access to the Website and return or destroy any access codes to the Tracer system provided by Tracer to you and your authorized users.

 

  1. Limitations on Use

 

This Website is for your personal digital risk protection use only and not for commercial exploitation or use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website without Tracer’s prior written permission. You may not use this Website to transmit any false, misleading, fraudulent, or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Website, except to the extent expressly stated herein. You may not use or otherwise export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America. Any illegal or unauthorized use of this Website is prohibited. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. You will use this Website in accordance with all applicable local, state, and federal rules and regulations. You may not republish any of the proprietary reports created by the information gathered through the Website except as may be expressly authorized in writing by Tracer.

 

  1. Third Party Content and Communications

 

The Website may contain links to third-party service providers, content providers, websites, software, and/or platforms. Tracer is not affiliated with any such third-parties unless explicitly stated or identified as such and, accordingly, has no control over any such third-party applications, products, services, platforms, websites, and/or software and is not responsible for the performance, accuracy, reliability, or availability thereof.  Tracer assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of, the source or content of any third-party communications, content, or data and disclaims any and all liability therefor. Tracer is not responsible or liable for any damage, loss, or harm caused to you by your use of or reliance upon any content, communications, goods, or services (or any information related to any applications, software, platforms, or websites) available through the third-party applications, products, services, platforms, websites, and/or software. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications, content, or data. As used herein, “third party communications” means any communications, content, or data directed to you from any third-party service providers, content providers, websites, and/or platforms, directly or indirectly connected with this Website.

 

  1. No Legal Advice

 

Information gathered through the use of this Website is not intended to and does not constitute legal advice and nothing herein creates an attorney-client relationship. The accuracy, completeness, or adequacy of the content, however available to you, is not warranted nor guaranteed. Any search results, whether resulting from text searches, image recognition, or similarity algorithms, are not warranted nor guaranteed, and are used at your own risk. Your use of the content on this Website or materials linked from this Website is at your own risk.

 

  1. Intellectual Property Rights

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Tracer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Service, no part of the Website or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise.

 

You may use information on Tracer products and services (such as articles or studies posted by Tracer) purposely made available for downloading from the Website, provided that you: (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. All information available through the Website (other than third-party information) is the exclusive property of Tracer and is also protected by copyright, trademark, service mark, patent, other intellectual property laws, and associated common law principles. This protection extends to all areas of the Website, including both subscriber and non-subscriber areas. Any recommendations or feedback provided to Tracer by you in connection with any improvements or modifications to the Website shall remain the property of Tracer.………………………………………

You agree that you shall not, directly or indirectly, (i) sell, lease, assign, sublicense or otherwise transfer, (ii) duplicate, reproduce or copy, (iii) disclose, divulge or otherwise make available to any third party, (iv) use except as authorized by these Terms of Service, or (v) decompile, disassemble or otherwise analyze the Website including all trade secrets and confidential information therein, for reverse engineering purposes. You agree that you shall not permit any third party to have access to the use of the Web.

 

  1. Website Links

 

You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any advertisements, terms, conditions, policies, copyright notices, and other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Tracer, and (c) you understand that Tracer may deactivate any link(s) at its sole discretion.

 

  1. Accounts, Passwords, and Security

 

Use of the Tracer services and products provided through this Website requires you to be a subscriber through establishing a user id and access password. You are solely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Tracer immediately of any unauthorized use or loss of your account or password, or any other breach of security. You may be held liable for losses incurred by Tracer or any other user of the Website due to someone else using your user identification, password, or account as a result of your failing to keep your account information secure and confidential.

 

  1. Errors and Corrections

 

Tracer does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, defects will be corrected promptly, or that this site will always be accessible. You agree that you will use and data or information derived from this Website at your own risk as Tracer does not warrant or represent that such information or data available will be correct, accurate, timely, or otherwise reliable. Tracer may make improvements, alterations, and/or changes to its features, interfaces, and/or functionality of this Website at any time and without obtaining consent from any subscriber, user, or customer.

 

  1. Disclaimers

 

TRACER DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANY USE RELATED HERETO IS ON AN “AT OWN RISK” BASIS. TRACER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRACER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR RELATED IN ANY WAY TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DATA AND TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS, DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED, TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; (E) YOUR USE OF THIS WEBSITE OR ANY THIRD-PARTY DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THIRD-PARTY WEBSITE, CONTENT, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (G) ANY SEARCH RESULTS, OR SEARCH FUNCTIONS, WHETHER RESULTING FROM SEARCHES OF THIRD-PARTY DATABASES, PLATFORMS, WEBSITES, SOFTWARE, APPLICATIONS, OR OTHERWISE, AND THE CONTENT THEREIN OR DERIVED THEREFROM.

IF YOU PROVIDE ANY INFORMATION TO TRACER THROUGH THE WEBSITE YOU REPRESENT AND AFFIRM THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO AND THAT YOU HAVE OBTAINED ANY NECESSARY CONSENTS OR AUTHORIZATIONS TO PROVIDE ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ANY INFORMATION COVERED BY ANY DATA PROTECTION LAWS, INCLUDING BUT NOT LIMITED TO THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (“GDPR”), AND OTHER DATA PROTECTION LAWS. FURTHERMORE, YOU AFFIRM THAT FOR PURPOSES OF THE GDPR YOU ARE THE DATA CONTROLLER AND THAT TRACER SERVES ONLY AS THE DATA PROCESSOR, ACTING UNDER YOUR DIRECTION AND INSTRUCTIONS.                

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alternation of, or use, whether for breach of contract, tort, negligence or any other cause of action. You, as the customer, subscriber, or user agree that you shall have the sole responsibility for protecting your data and property used in connection with the Website and any related third-party websites, platforms, software, or applications.

Tracer reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website (including any related third-party websites, platforms, software, or applications) or any portion thereof, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Nothing contained herein is intended to prevent Tracer from making commercially reasonable changes, modifications, suspensions, or terminations of operations or access.

 

  1. Limitation on Liability

 

TRACER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM: YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SEARCH RESULTS OR SEARCH FUNCTIONS PROVIDED THEREIN OR RESULTING THEREFROM, OR ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE. TRACER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE INCLUDING ANY INFORMATION PROVIDED ON THE WEBSITE, OR FROM ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE, ANY RESULTING USE OF SUCH INFORMATION, OR ANY ACTIONS, OR INACTIONS, TAKEN BY ANY CUSTOMERS, USERS, OR SUBSCRIBERS OF THIS WEBSITE OR CLIENTS OR CUSTOMERS OF TRACER. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TRACER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

 

  1. Indemnification

 

You agree to indemnify, defend and hold Tracer, its officers, directors, employees, agents, licensors, suppliers, and any third-party software, applications, or content providers to this Website, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees and costs, resulting from any of the following: (1) your use of this Website; (2) your use of any of the information obtained from this Website, including from third parties; or (3) your violation of any of these Terms of Service.

 

  1. Third-Party Rights

 

The provisions of paragraphs herein re Disclaimer, Limitation of Liability, Errors and Corrections, and Indemnification are for the benefit of Tracer and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers, platforms, or websites to this Website or related thereto. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.

 

  1. Unlawful Activity

 

Tracer reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action Tracer deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.

 

  1. Remedies for Violations

 

Tracer reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular internet address to this Website and any other Tracer websites and their features.

 

  1. Governing Law and Jurisdiction

 

These Terms of Service are governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any conflict of laws provisions, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of Idaho, with venue in Ada County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

  1. Independent Parties

 

Your use of the Website, or any services or products related thereto, shall not be construed as creating any joint venture, partnership, agency, or employment relationship between you and Tracer.

 

  1. YouTube API Services

 

If you are using any Tracer product or service which utilizes or requires the use of the YouTube API in order to access the information required to provide the applicable Tracer product or service, you agree to be bound by YouTube’s Terms of Service (available at https://www.youtube.com/t/terms) and are agreeing to be bound by any changes, additions or related terms thereto that may be listed separately or otherwise concerning the YouTube API, either at YouTube.com or otherwise.

 

  1. Additional Terms

18.1 Privacy.  Your use of this Website is also subject to Tracer’s Privacy Policy, and other notices set forth on the Website, and those terms are made part of these Terms of Service by this reference. Additionally, by using the Website, you acknowledge and agree that any Internet transmissions, of whatever type, are never completely private or secure. You understand that any message, data, or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or an attempt to encrypt a transmission was made.

 

18.2. Severability of Provisions. These Terms of Service incorporate by reference any notices contained on this Website, including the Privacy Policy, and constitute the entire agreement with respect to access to and use of this Website. If any provision of these Terms of Service shall be determined to be unenforceable or invalid, such unenforceability shall not render the remaining provisions of the Terms of Service unenforceable or invalid as a whole. Such unenforceable or invalid provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. If any provision of these Terms of Service conflicts with any written, signed agreement you may have directly with Tracer, then that conflicting provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions or these Terms of Service as a whole.……………………………………………………………………………………….

18.3. Modifications to Terms of Service. Tracer reserves the right to change these Terms of Service at any time. Any updated versions of the Terms of Service will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Your continued use of this Website after any such changes constitutes your consent to such changes.

 

If you have any questions or concerns about the Website or these Terms of Service, please contact us at:

 

Focus IP, Inc., doing business as Tracer
508 S. 8th St.
Boise, Idaho 83702
Attn: Judith Archbold, Corporate Counsel
or email us at: info@Tracer.ai