877.517.1125
http://mktg.nettrekker.com

netTrekker Terms of Use

Last revised: September 23, 2011

Welcome! We are excited that you are taking advantage of one of the netTrekker products provided by Thinkronize, Inc. By using any of these products (hereinafter referred to as "netTrekker"), you agree to be bound by the following terms and conditions (the "Terms of Use").

1. Acceptance of Terms

netTrekker provides its services to you subject to the following Terms of Use ("TOU"). If you do not agree to these terms and conditions of use, please do not use this site. It is your responsibility to regularly review these TOU. They may be updated from time to time without notice to you, and those updates become effective when posted. If you continue to use the site after we have posted changes to these TOU, it means you have accepted those terms. If you have questions and would like to contact us with regard to this, please email us at customersupport@nettrekker.com.

2. Your Registration Obligations

In consideration of your use of netTrekker, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the netTrekker account setup form and (b) maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, netTrekker has the right to suspend or terminate your account and refuse any and all current or future use of netTrekker (or any portion thereof).

Eligible Parties
You may use the services provided on netTrekker only if you are a student, a student's parent, a teacher, a school administrator or another person specifically approved by netTrekker. All netTrekker users must be associated with a subscribing institution. If you are not one of the foregoing, you may not use netTrekker and your access to netTrekker will be terminated.

For the sake of school and student security, we will allow administrators of schools currently subscribing to netTrekker to review the list of usernames of accounts that are associated with their respective school. These school administrators are allowed to review the date each account was set up and respective usage data. A school administrator has the right to cancel any netTrekker user's account. School administrators also have access to and the right to review any and all saved searches created in netTrekker by their respective users.

3. netTrekker Privacy Policy

netTrekker is very concerned about the safety and privacy of all its users, particularly children of age 12 or under. Your account information and other information we collect about you are subject to our Privacy Policy. For more information, please review our Privacy Policy in its entirety.

Site Usage Information
netTrekker only collects anonymous individual usage information or aggregated usage information, such as the frequency of pages viewed and functions used. Knowing how netTrekker is used is very valuable for understanding how to enhance it to be more valuable for all of our users.

Special Conditions for Free Trial Registration and Use
The Free Trial of netTrekker is a temporary service provided as a courtesy to educators for the purpose of evaluating netTrekker for a possible purchase. Only adults may register for this service. All registrants must agree to the separate Free Trial Privacy Policy which describes the special conditions related to this service.

4. Member Account, Password and Security

You will establish a username and password when you set up your account with netTrekker. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. If you feel your password is no longer secure, you should change it immediately. netTrekker cannot and will not be liable for any loss or damage arising from the unauthorized use of your password. For more information, please review our Privacy Policy.

If you lose or forget your password, contact your school's netTrekker administrator and ask that it be reset. Do not contact netTrekker about your password, because, for the security of our users, we retain passwords only in an unreadable, encrypted form.

Limitations on User Accounts
Usage of netTrekker is strictly limited to individuals at subscribing institutions. Subscribing users are prohibited from publishing or in any way communicating their usernames and passwords to non-subscribing individuals. Posting of usernames and passwords on websites, emails, newsletters or any other types of electronic or print media is in violation of this policy.

5. Permitted Use

Subject to these TOU, netTrekker hereby grants you the right to access and use netTrekker. netTrekker is only for your personal, non-commercial use. netTrekker retains all rights with respect to our services and content except those expressly granted to you in this agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on netTrekker unless specifically authorized in writing by netTrekker to do so. The content and software on netTrekker are the proprietary property of netTrekker and/or our business partners and are protected by U.S. and international copyright and other intellectual property laws. You agree not to frame, or assist third parties in framing, any of the Web pages contained in netTrekker. Such framing is strictly prohibited under this Agreement.

6. No Unlawful or Prohibited Use

As a condition of your use of netTrekker, you warrant to netTrekker that you will not use netTrekker for any purpose that is unlawful or prohibited by these TOU. You agree not to use netTrekker in any manner that could damage, disable, overburden, or impair netTrekker. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through netTrekker.

7. Member Conduct

As a user of netTrekker you agree to the following rules of conduct and that any content that you upload, post, or otherwise transmit:

  1. shall not restrict or inhibit any other user from using or enjoying netTrekker
  2. shall not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  3. shall not be obscene or contain child or other pornography
  4. shall not violate any law, statute, ordinance, or regulation
  5. shall not contain advertising, promotional materials, "spam" or any solicitation with respect to products or services
  6. shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
  7. shall not be content that you do not have a right to transmit under any law or under contractual or fiduciary relationship
  8. shall not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  9. shall not interfere with or disrupt netTrekker or servers or networks connected to netTrekker, or disobey any requirements, procedures, policies or regulations of networks connected to netTrekker

8. Public and Private Content Posted

netTrekker does not and cannot review all content posted to or created by users accessing the site and is not in any manner responsible for this content. However, netTrekker retains the right to monitor all content posted to netTrekker and shall have the right, in our sole discretion, to refuse or to remove any content that violates these TOU or is otherwise objectionable.

netTrekker may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of netTrekker, its users and the public.

Anytime you upload to, distribute, or publish content through netTrekker, you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content.

Anytime you upload to, distribute, or publish original compositions and other original documents through netTrekker, such as but not restricted to essays, homework, and others, you are responsible for protecting their privacy to the extent you desire. netTrekker does not guarantee their privacy, nor will netTrekker be held liable for the public distribution or loss of any such content. The user bears all responsibility and risks associated with the use, maintenance, and retention of such content, including any reliance on the accuracy, completeness, or usefulness of such content.

9. Information Not Verified

You acknowledge that it is not feasible for netTrekker to review the personal information for all users of netTrekker, nor to review all third-party content and postings on netTrekker. Accordingly, netTrekker cannot and does not confirm the accuracy of such information, content or postings and you are advised to exercise a reasonable degree of caution in dealing with such information, content or postings and other users on this web site. netTrekker makes no representation or warranties as to accuracy. Everything on the site is provided "as is" without warranty of any kind, either express or implied including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties in which case some exclusions may not apply.

10. Links

netTrekker contains links to other Web sites or resources. Because netTrekker has no control over such sites and resources, you acknowledge and agree that netTrekker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that netTrekker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. netTrekker has no control over these linked sites, all of which have separate privacy and data collection practices, independent of netTrekker. These links are only for your convenience and therefore you access them at your own risk.

Furthermore, should you choose to register or create an account on other sites accessed from netTrekker, whether netTrekker business partners or otherwise, you have full responsibility for understanding and agreeing to their terms of use and privacy and security policies with regard to any personally identifiable information you provide them and activities you perform on their sites. netTrekker is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Disclaimer of Warranties

You expressly understand and agree that your use of netTrekker is at your sole risk. The service is provided on an "as is" and "as available" basis. netTrekker expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose and non-infringement. A. Without limiting the foregoing, netTrekker makes no warranty that (i) netTrekker will meet your requirements, (ii) netTrekker will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of netTrekker will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. B. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. C. No advice or information, whether oral or written, obtained by you from or through netTrekker shall create any warranty not expressly stated in these TOU.

12. Limitation of Liability

You expressly understand and agree that netTrekker shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if netTrekker has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

13. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 11 and 12 may not apply to you.

14. Indemnification

You agree to indemnify and hold netTrekker and its subsidiaries, affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through netTrekker, your use of netTrekker, your connection to netTrekker, your violation of these TOU, or your violation of any rights of another.

15. General Practices Regarding Use and Storage

You acknowledge that netTrekker may establish general practices and limits concerning use of netTrekker, including without limitation the maximum number of days that any uploaded content will be retained by netTrekker, the maximum disk space that will be allotted on netTrekker's servers on your behalf, and the maximum number of times (and maximum duration for which) you may access netTrekker in a given period of time. You agree that netTrekker has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by netTrekker. You acknowledge that netTrekker reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that netTrekker reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. Termination

You agree that netTrekker, in its sole discretion, may terminate your username and password, account or use of netTrekker, and remove and discard any content within netTrekker, for any reason, including, without limitation, for lack of use or if netTrekker believes that you have violated or acted inconsistently with the letter or spirit of these TOU. netTrekker may also in its sole discretion and at any time discontinue providing netTrekker, or any part thereof, with or without notice. You agree that any termination of your access to netTrekker under any provision of these TOU may be effected without prior notice, and acknowledge and agree that netTrekker may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or netTrekker. Further, you agree that netTrekker shall not be liable to you or any third-party for any termination of your access to netTrekker.

17. Intellectual Property

netTrekker and other logos and product and service names are trademarks, service marks, and trade names (collectively the "Marks") of Thinkronize, Inc. You acknowledge that Thinkronize, Inc. is the sole owner of the entire right, title and interest in the Marks and reserves all rights to the use of the Marks. All other trademarks and servicemarks appearing on netTrekker are the property of their respective owners. Unless otherwise noted, all other aspects of netTrekker are either copyrighted or are the proprietary information and/or design of netTrekker and Thinkronize, Inc. is the sole owner of the entire right, title and interest to such intellectual property rights, including but not limited to text, design, graphics, interfaces, or code.

18. Intellectual Property Infringement Claims

It is our policy to respond to claims of intellectual property infringement. netTrekker will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, netTrekker will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to:

Registered Copyright Agent Thinkronize, Inc. 3630 Park 42 Drive, Suite 180F, Cincinnati, OH 45241 Telephone: 1.877.517.1125 | Fax: 1.866.886.3409 | Email: customersupport@nettrekker.com

Please put "Notice of Infringement" in the subject line of all such notifications. When netTrekker removes or disables access to any material claimed to be infringing, netTrekker may attempt to contact the owner/administrator of the site that contains such material in order to provide an opportunity to respond to the notification, although netTrekker makes no promise to do so. Any and all counter notifications submitted by the owner/administrator of the site will be furnished to the complaining party. netTrekker will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before netTrekker replaces or restores access to any material as a result of any counter notification.

19. General Information

These TOU constitute the entire agreement between you and netTrekker and govern your use of the netTrekker services. These TOU and the relationship between you and netTrekker shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. You and netTrekker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio. The failure of netTrekker to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of netTrekker or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on netTrekker may not be assigned without the prior written consent of netTrekker.

The section titles in these TOU are for convenience only and have no legal or contractual effect.