Terms of Service

By using this web site ("Service"), a service of RMTrack Issue Tracking Solutions Inc. ("RMTrack"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

RMTrack reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.rmtrack.com/HostedTermsOfService.htm

Violation of any of the terms below will result in the termination of your Account. While RMTrack prohibits certain conduct and Content on the Service, you understand and agree that RMTrack cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. Users must be a human. Use by "bots" or other automated methods are not permitted.
2. When creating a user, the user's legal full name, a valid email address, and any other information requested in order to complete the creation process must be provided.
3. User logins may only be used by one person - a single login shared by multiple people is not permitted.
4. You are responsible for maintaining the security of your user's user ids and passwords. RMTrack cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all content posted and activity that occurs under your user's accounts. You agree that all your users must agree to the "Terms of Use" in order to use the service (available at http://www.rmtrack.com/HostedTermsOfUse.aspx). RMTrack, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RMTrack service, if any of your users violate the Terms of Use.
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. RMTrack respects the privacy of its users. Information provided to RMTrack may be stored outside of the country in which you reside. You agree that RMTrack may access your account, including its contents, to respond to service or technical issues.

Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is billed in advance on a monthly/quarterly/annual basis and is non-refundable. There will be no refunds or credits for partial periods of service, or refunds if your account is cancelled or terminated.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
3. For any upgrade or downgrade in Service level, you will automatically be charged the new rate on the next billing cycle. At RMTrack's sole discretion partial credit may be applied to the new rate to reflect a downgrade in Service level.
4. Downgrading your Service may cause access restrictions. RMTrack does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account.
2. All of your content will be immediately deleted from the Service upon cancellation or account termination. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be billed again.
4. RMTrack, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RMTrack service, for any reason at any time. RMTrack reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. RMTrack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the RMTrack Site (http://www.rmtrack.com) or e-mailed to you.
3. RMTrack shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your projects to be publicly accessible, you agree to allow others to view and share your Content.
2. RMTrack does not pre-screen Content, but RMTrack and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright©2007 RMTrack Issue Tracking Solutions Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from RMTrack.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and their users.
3. You understand that RMTrack uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You agree that RMTrack is not responsible or liable for the deletion or failure to store data and/or other information. RMTrack will use certain precautions to ensure that data is stored and backed up in a safe and recoverable manner. These precautions include, but are not limited to, RAID1 mirroring, once daily backups, and offsite storage of encrypted backups.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, RMTrack, or any other RMTrack service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RMTrack.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by RMTrack) of other RMTrack customers, we reserve the right to immediately disable or throttle your Service until you can reduce your bandwidth consumption.
11. The failure of RMTrack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and RMTrack and govern your use of the Service, superseding any prior agreements between you and RMTrack (including, but not limited to, any prior versions of the Terms of Service).

Limitation of Liability

1. Under no circumstances shall RMTrack be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the service, or from the use of the service generally.
2. Under no circumstances shall RMTrack be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use the service, information or data even if RMTrack has been advised of the possibility of such loss.
3. You agree to indemnify RMTrack against any action brought against RMTrack by any third party in regards your use of the service (including without limitation damages for breaches of intellectual property or copyright infringement)
4. For purposes of this section RMTrack shall include RMTrack Issue Tracking Solutions Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Disclaimer of Warranty

1. The service made available at the RMTrack website, or otherwise provided by RMTrack, are provided "AS IS", without warranties of any kind. RMTrack expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. RMTrack shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data information, materials and business resulting from the services or the lack of information available on the RMTrack website, or elsewhere. RMTrack shall have no liability for:
   • Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control in procuring, compiling, or delivering the service;
   • Any errors, omissions, or inaccuracies in the service regardless of how caused, or delays or interruptions in the delivery of the service; or
   • Any decision made or action taken or not taken in reliance upon the service furnished hereunder
2. RMTrack makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the service or that the service may be relied upon for any reason. RMTrack makes no warranty, representation or guaranty that the service will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, RMTrack shall included RMTrack Issue Tracking Solutions Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Questions about the Terms of Service should be sent to support@rmtrack.com.