Agreement to the Terms of Services
By using RenewalTracker, you confirm and agree that (a) you understand and accept all terms and conditions set forth (“Terms”) associated with the services provided on RenewalTracker (“Service”); (b) you are at least 13 years old; (c) you will provide accurate, current and complete information about yourself as prompted by the Service’s website and forms; and (d) maintain and promptly update your personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YCon Solutions, Inc. (“YCon”) has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YCon has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Modifications to Service
RenewalTracker reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that YCon will not be liable to you for any modification or temporary suspension of the Service.
Account & Password
You are responsible for maintaining the confidentiality of your RenewalTracker username and passsword, and you are fully responsible for all activities that occur under such account. You agree to notify YCon of any unauthorized use of your account or any other breach of security. YCon is not liable to you for any loss or damage arising from your failure to comply with this Section.
Termination of Service to You
You agree that YCon, in its sole discretion, may temporarily deactive or permanently terminate your account and use of the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that YCon will not be liable to you for any termination of your access to the Service.
Grant of License to RenewalTracker
You retain all ownership rights in any content posted or transmitted by you through the Service to which you are entitled by law, and we do not claim any ownership rights in any content posted or transmitted by you through the Service. However, in consideration of granting you access to the Service, receipt and sufficiency of which is hereby acknowledged, you grant to us a perpetual, non-exclusive, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt, and publicly display such content on the Service.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YCon does not warrant that the Service will be available at any given time, secure, or free of error. You use the Service at your own risk, and you assume the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL YCON BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF YCON IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any of our third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the RenewalTracker, by you or any other person accessing RenewalTracker using your account.
Choice of Law & Forum Selection
You agree that any claims under these Terms will be subject to the laws of the State of Kansas and of the United States of America, and you hereby consent to jurisdiction and venue in the courts of the State of Kansas.
No Third Party Beneficiaries
These Terms create no third party rights or obligations between YCon and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by YCon of strict performances of any provision of these Terms will not be a waiver of or prejudice YCon’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
These Terms constitute the entire agreement between the parties as it relates to the online use of RenewalTracker, and there are no promises, terms, conditions, or obligations between the parties in the use of RenewalTracker other than those contained in these Terms or in separate, previously signed and executed agreements between you and YCon. No modification of these Terms will be valid unless in writing and signed by both parties. In conjunction with these Terms, a separate agreement may detail the business relationship between you and YCon which would include but be limited to legal, financial and other such contractual obligations with respect to your use of RenewalTracker.