1.1 Entering into this Agreement: BAC-Tracker International, Inc. provides forensic alcohol extrapolation software as a service. This Terms of Service Agreement constitutes a valid and binding agreement between BAC-Tracker International, Inc. and You, as a user, for the use of the BAC Tracker website and software. Every time You visit the website, use its services or make a purchase, You accept the terms of this Agreement. You hereby agree and acknowledge that this Agreement covers all Your use of BAC Tracker Software, whether it be from this terminal or from any other terminals where BAC Tracker software has been installed or is otherwise accessible, by You or by third parties. Furthermore, by using and continuing to use the BAC Tracker software You agree to be bound by the terms of this Agreement and any new versions hereof.
1.2 Electronic Signatures and Agreement(s): You acknowledge and agree that by vising the website or using the BAC Tracker software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the BAC Tracker software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
2.1 License: Subject to the terms of this Agreement, BAC-Tracker International, Inc. hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable license to use the BAC Tracker software for the purposes set forth herein and for the duration defined by You during purchase of an applicable license option. Your license will continue for the specified duration and will automatically renew until terminated. To use the BAC Tracker software, you must have Internet access and provide us with one or more Payment Methods. “Payment Methods” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your license before it renews in order to avoid billing of the next renewal fees to your Payment Method. All ownership and copyright to the materials in this package, both software product and documentation, remain exclusively with BAC-Tracker International, Inc. This Agreement allows You to use the software product as a single user for which the Registration information is assigned based on the license purchased by You from BAC-Tracker International, Inc. Additional licenses must be purchased from BAC-Tracker International, Inc. to obtain Registration information for other user(s). You may not use, download, or install the software product, or any part thereof, on any additional machines nor allow any additional users to access the software without obtaining additional licenses.
2.2 Free Trials: Your license may start with a free trial. The free trial period of your license lasts for seven days, or as otherwise specified during sign-up and is intended to allow new members to try the service. Free trial eligibility is determined by BAC-Tracker International, Inc. at its sole discretion and limitations on eligibility or duration may be imposed to prevent free trial abuse. BAC-Tracker International, Inc. reserves the right to revoke the free trial and put Your account on hold in the event it is determined that You are not eligible. Individuals that have already had a free trial are not eligible. BAC-Tracker International, Inc. may use information used with an existing or recent account to determine eligibility. Your Payment Method will be charged for Your license at the end of the free trial period and Your license will automatically renew unless You cancel Your license prior to the end of the free trial period. BAC-Tracker International, Inc. may authorize Your Payment Method in anticipation of license related charges as soon as you register. In some instances, Your available balance or credit limit may be reduced to reflect the authorization during Your free trial period.
2.3 Payment Methods: To use BAC Tracker software, You must provide one or more Payment Methods. If Your payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel Your license, BAC-Tracker International, Inc. may suspend Your access to the service until a valid Payment Method has been charged. For some Payment Methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of Your Payment Method. Check with Your Payment Method service provider for details.
2.4 Cancellation: You can cancel Your license at any time, and You will continue to have access to the BAC Tracker software service through the end of Your license period. BAC-Tracker International, Inc. does not provide refunds or credits for any partial use of license periods or for non-use during a license period. To cancel, go to Your Account page on the BAC Tracker website and follow the instructions for cancellation. If You cancel Your license, Your license will automatically terminate at the end of Your current license period.
2.5 Changes to the Price and License Options: BAC-Tracker International, Inc. reserves the right to change the license options or adjust pricing for its service or any components thereof in any manner and at any time in its sole and absolute discretion. Any changes in license options or price will take effect following notice to you and upon Your next instance purchase or renewal.
2.6 No Refunds: Payments are non-refundable and there are no refunds or credits for partially used periods or non-use during a period. Following any cancellation, however, You will continue to have access to the service through the end of Your license period. At any time, and for any reason, BAC-Tracker International, Inc. may provide a refund, discount, or other consideration to use(s) (“credits”). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of BAC-Tracker International, Inc. The provision of credits in one instance does not entitle You to credits in the future for similar instances, nor does it obligate BAC-Tracker International, Inc. to provide credits in the future, under any circumstance.
2.7 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the BAC Tracker software or any part thereof.
2.8 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the BAC Tracker software or any part thereof. Additionally, You may not remove, efface or otherwise obscure any proprietary notices, labels, or marks on the software or documentation. You agree that each copy of the software and documentation will include reproductions of all proprietary notices, labels or marks included therein. BAC-Tracker International, Inc. retains all right, title and interest in and to the software. All rights not expressly granted herein are reserved by BAC-Tracker International, Inc.
2.9 New Versions of the BAC Tracker Software: BAC-Tracker International, Inc., in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the BAC Tracker Software. You acknowledge and agree that BAC-Tracker International, Inc. has no obligation to make available to You any subsequent versions of the BAC Tracker software. Furthermore, You acknowledge and agree that BAC-Tracker International, Inc., in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the BAC Tracker software, and/or disable any BAC Tracker software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances in which You, at BAC-Tracker International, Inc.’s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BAC-Tracker International, Inc. will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the BAC Tracker software and by (2) the suspension or termination of the license or this Agreement by BAC-Tracker International, Inc. and/or by You.
The Software Product is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software product is transferred to you. You further acknowledge that title and full ownership rights to the software Product will remain the exclusive property of BAC-Tracker International, Inc. and you will not acquire any rights to the software product except as expressly set forth in this agreement. You agree that any copies of the software product will contain the same proprietary notices which appear on and in the software.
4.1 Disclaimer of Warranty: The software product is provided "AS IS" and “AS AVAILABLE” with all faults and without any warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You accept all risk as to the performance of the software and BAC-Tracker International, Inc. does not guarantee, represent, or warrant that Your use of the service (including calculations, results and data output) will be uninterrupted or error free. In no way will BAC-Tracker International, Inc. be liable for any damages or loss caused by the use, or inability to use this software product, regardless of BAC-Tracker International, Inc.’s awareness of the potential for such damages or loss. In no event will BAC-Tracker International, Inc. be liable to You for any incidental or consequential damages arising from the use or the inability to use the software product (even if BAC-Tracker International, Inc. or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party.
4.2 Reliance on Calculations: BAC-Tracker software product and associated calculators therein provide general information. The software product is provided as a self-help, educational tool. It should not be construed as scientific or medical advice or expertise. All calculations produced by BAC-Tracker are hypothetical and for illustrative purposes only. Because the results provided depend on many factors, including the information and assumptions You enter, BAC-Tracker International, Inc. cannot and does not guarantee the applicability, accuracy or completeness of the calculations or results in regards to individual circumstances. The use of BAC-Tracker software product should only serve as a general guideline. The software product is not intended to address individual situations and should not be relied upon as such. BAC-Tracker is not a substitute for scientific or medical expertise from a licensed or certified professional. Individuals should seek advice and opinions based on their particular circumstances from licensed or certified professionals. BAC-Tracker International, Inc., its distributors and its affiliates shall not be responsible for the use of or reliance on the information provided by BAC-Tracker software product.
This Agreement takes effect upon your use of the website or service(s) and remains effective until terminated by either party in accordance with this Agreement. You may terminate this Agreement at any time by cancelling Your license and destroying all copies of the Software Product in your possession and giving BAC-Tracker International, Inc. prompt notice of same. Without prejudice to any other rights, BAC-Tracker International, Inc. may terminate this Agreement for cause by suspending or revoking Your use of the software and service, without demand or judicial resolution, if You breach any of Your obligations under this Agreement. You shall, upon the effective date of such notice or upon ceasing to use the software, whichever is earlier, immediately and to the extent applicable (i) purge all software from all computer systems, storage media and other files and (ii) certify to BAC-Tracker International, Inc. in writing that You have complied with the foregoing obligations and have not provided total or partial copies of the software to any third party. The expiration or termination of this Agreement for any reason shall not extinguish or diminish Your obligation to maintain the confidentiality of the software, which obligation is continuing and shall survive termination of this Agreement.
6.1 Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the state of Georgia, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that You may be entitled to under the mandatory laws of Your state of residence.
6.2 Notice: Any notice under this Agreement or any other form of communication shall be in writing and shall be delivered by electronic mail or registered letter with acknowledgment or receipt to the address of BAC-Tracker International, Inc. and You. You agree to notify BAC-Tracker International, Inc. immediately upon any change of address, or upon any intended or actual change in registration details related to Your account.
6.3 Non-Disclosure: You agree and understand that BAC-Tracker International, Inc. has incurred great expenses in creating its system and has a proprietary interest in it which is protectable under the law of contract and copyrights. Your use represents, agrees, covenants and promises that You will not disclose, sublicense, resell or sublease the BAC Tracker or any updates, changes, improvements or enhancements, or any part thereof, and will hold in the strictest fiduciary confidence all material of BAC Tracker, but not limited to, the design specifications and associated documentations of the BAC Tracker software. You further acknowledge and agree that, in the event of a breach or threatened or anticipatory breach of the provisions of this paragraph, that BAC-Tracker International, Inc. shall be entitled to injunction against such breach or anticipatory breach and to reasonable attorney's fees for bringing and maintaining an action to remedy such breach or anticipatory breach. However, no designation in this agreement of a specific legal or equitable remedy shall be construed as a waiver or prohibition of any other legal remedies in event of a breach of this agreement. The obligations contained in this paragraph shall survive this agreement, the consummation of this transaction and the delivery of any documents.
6.4 Right to Audit: In light of the nature of this Agreement, BAC-Tracker International, Inc. reserves the right for it or its independent auditors to inspect Your records from time to time in order to assure compliance with the terms of this Agreement.
6.5 Feedback: BAC-Tracker International, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to use (“feedback”), including responses to questionnaires or otherwise, worldwide and in perpetuity without further compensation, acknowledgement or payment to You for any Purpose whatsoever including, but not limited to, developing manufacturing and marketing products and creating, modifying or improving the BAC-Tracker International, Inc. services. In addition, You agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.6 Survival: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.7 Changes to Terms of Service: BAC-Tracker International, Inc. may, from time to time, change the terms of this Agreement. Such revisions shall be effective immediately.