Date Last Modified: October 27, 2024
Welcome to SuppTrack. The supptrack.app website, (the "Website"), the SuppTrack mobile applications (the "App"), and the related online and mobile services (collectively with the Website and the App, the "Service" or "Services") are made available by SuppTrack, Inc, ("SuppTrack" or "we"), subject to these Terms and Conditions ("Terms and Conditions").
The Services allow users to search for supplements, view supplement information, create schedules, set reminders, create supplement groupings, submit new products to the database, and otherwise may assist Users in organizing their supplement routine. These Terms and Conditions apply to all Users on both web-based and mobile platforms, including Users who are simply viewing content available via the Services, Users utilizing free Services, and Users who have engaged for paid Services ("Users" and "you" and through similar words such as "your," etc.). Not all terms shall apply to all types of Users where specified in the Terms and Conditions. Some terms may only apply to certain portions of the Services.
By accessing any part of the Service, you are agreeing to the terms and conditions described below (the “Terms and Conditions”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use the Service. If you are otherwise engaged with SuppTrack for specific Services through a subsequent agreement, that agreement shall control and supersede these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE APP OR CONTINUE TO ACCESS OR USE THE SERVICES AND DO NOT REGISTER FOR AN ACCOUNT.
We reserve the right to refuse a User's access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User's account for any reason. Such termination of your account will result in your loss of access to the Services. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.
The Service is controlled and offered by us from our facilities in the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To ensure you remain in compliance with these Terms and Conditions, SuppTrack recommends reviewing the current Terms and Conditions each time you access or use the Services. All access to and use of the Services, Accounts and the materials, content, information, and data contained on or provided through the Services and Accounts are subject to compliance with these Terms and Conditions and all applicable laws, rules, and regulations. If you have any questions or comments regarding these Terms and Conditions or the Services, please contact SuppTrack at the contact information listed below.
This is a contract between you and SuppTrack. You must be 18 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian (“Guardian”) to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf.
Supplemental terms and conditions may apply to some Services, such as rules for a particular promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such promotion, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
The Service is not intended for use by individuals under the age of 13. By using the Service, you represent that you are at least 18 years of age or have received consent from your parent or legal guardian. For individuals between the ages of 13 and 18, the Service may only be used with the involvement of a parent or guardian, in compliance with the Children's Online Privacy Protection Act (COPPA). SuppTrack does not knowingly collect personal information from children under the age of 13.
If you download, access, use or register for the Service on behalf of another person or as a Guardian, you are accepting this Agreement individually and on behalf of each User under the age of eighteen (18) for whom you are the parent or legal guardian.
The Services are made available, subject to these Terms and Conditions, to allow you to (i) obtain information about the Services, (ii) register for an Account, and (iii) engage with the various interactive properties available on the Service. Subject to these Terms and Conditions, SuppTrack grants you a limited, non-exclusive, non-transferable and revocable license to download, access and use the Services solely for the applicable purposes described in these Terms and Conditions and for your personal, non-commercial benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Services, and no other rights shall be implied.
You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access certain features of the Service, you will have to create an Account. You may not have more than one (1) Account without SuppTrack's permission and you must access the Service and non-public portions of the Website and App through your Account. The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username, or password and shall immediately notify SuppTrack of any unauthorized access or use of which you become aware. You agree to comply with all applicable SuppTrack Community Guidelines and to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings.
All of your information and data provided to SuppTrack in connection with registering for your Account (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current and complete. Notwithstanding anything to the contrary, you hereby authorize SuppTrack and its affiliates, contractors and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of SuppTrack's or other parties' legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by SuppTrack's Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to SuppTrack and its affiliates, contractors and suppliers. If you provide SuppTrack your email address, you hereby consent to and authorize SuppTrack to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages, you may opt out in your Account settings. Opting out of receiving Other Messages may prevent you from receiving email messages regarding updates, changes to the Services or offers.
If you provide Registration Data on behalf of another person (“Other User”), including as a Guardian, you are solely responsible for obtaining any necessary rights, authorizations, and consents with respect to the information you submit about the Other User(s) and solely responsible for the actions of any Other User(s) on the Service. By providing Other User Registration Data to SuppTrack, you hereby authorize SuppTrack and its affiliates, contractors, and suppliers to use, copy, sublicense and disclose Registration Data for the same purposes listed above.
We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Service or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income. Any fees associated with your use of the Services may be collected via the App or web-based platform, depending on your purchase.
For subscription-based services, you may cancel your subscription at any time by accessing your account settings in the applicable app store (such as the Apple App Store or Google Play Store). To cancel, go to the subscription management section in your device’s app store settings and follow the instructions to cancel the subscription for SuppTrack. Upon cancellation, your subscription will remain active until the end of the current billing cycle, after which access to paid features will be terminated. No prorated refunds will be issued for cancellations made before the end of the billing period. For lifetime purchases, no refunds are available after the purchase is complete.
The Services may contain User-generated or provided data, content, and materials (“User Content”). As described in the Privacy Notice, User Content may include, but is not limited to, your supplement stacks, your schedules, your ratings and reviews of products, photos of products, SuppTrack Community posts and feeds, comments on blogs or other public forums, reviews of merchandise or other purchases, and reviews of the Services.
User Content is the sole responsibility of the User that submitted that User Content. SuppTrack does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. SuppTrack does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy or quality of any User Content. SuppTrack reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that SuppTrack is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content. You further agree that the User Content that you may generate or provide through the Services shall be truthful, not misleading, and in compliance with any applicable SuppTrack Community Guidelines.
Notwithstanding the foregoing, SuppTrack frequently relies on User Content to expand the Services, especially your submissions of product data. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access your User Content, as further described in the next section discussing SuppTrack Community). You hereby grant to SuppTrack and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, your submitted User Content and your name, voice and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of SuppTrack's or other parties' legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by SuppTrack's Privacy Notice, these Terms, and your settings within the services. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to SuppTrack and its affiliates, contractors and suppliers.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. SuppTrack reserves the right, but is not obligated, to reject and/or remove any User Content that SuppTrack believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
As a part of engaging with the Services, you may have the opportunity to participate in SuppTrack Community. Please note that you are NOT opted into SuppTrack Community by default, but you may choose to engage with that area of the services by adjusting your settings within the App or on the Website. Please note that you have the option to limit engagement to only your "followers" and "connections" on the service, or you may make your profile in SuppTrack Community public to all users of the SuppTrack App.
When posting any User Content anywhere in the Services, but in particular, within SuppTrack Community, you must abide by the following rules:
Further, you agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current (viii) violates any team, school, sport, league, or other applicable policy, including those related to cheating or ethics, or (ix) violates SuppTrack's Community Guidelines. SuppTrack reserves the right to change its Community Guidelines at its discretion and without advance notice.
You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) SuppTrack does not control the acts, omissions, policies or procedures of other Users of the Service. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content and materials made available through the Services, and acknowledge that you are using the Services and such other data, content and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, SuppTrack is not liable for, and you hereby waive, release, relinquish and forever discharge SuppTrack, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “SuppTrack Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue SuppTrack and the other SuppTrack Parties, or assist any other person or entity in any suit against SuppTrack and the other SuppTrack Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.
Except for certain User Content as described herein, all material included in the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content"), is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
You acknowledge and agree that as between you and SuppTrack, SuppTrack is and shall remain the exclusive owner of the Services, SuppTrack's data, information, and Content (expressly excluding User Content as otherwise described in these Terms and Conditions), and all patent, copyright, trade secret, trademark, and other intellectual property rights therein. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. You agree not to challenge or assist any third party to dispute or challenge SuppTrack's or its licensors' ownership of such rights or the validity or enforceability of such rights.
All intellectual property rights, including any algorithms, features, designs, and user interfaces incorporated into the App, remain the exclusive property of SuppTrack. This includes any proprietary processes or workflows that enhance the functionality of the Service. You agree not to reverse engineer, decompile, or disassemble any part of the App or Service, nor to use any of the App's features for competitive analysis or to create derivative works.
Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, scraped, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service or the Content therein.
If you find or suspect intellectual property infringement with respect to the Services or User Content, believe that the Services or any User Content otherwise violate these Terms and Conditions, or have questions, complaints, or claims regarding the Services, please immediately notify SuppTrack using the contact information located below. Upon receiving such information, SuppTrack will investigate the matter at its sole discretion.
In addition to uses otherwise prohibited by SuppTrack, these Terms and Conditions or applicable law, you shall not, and you shall not allow any third party to, do any of the following:
You are solely responsible for providing, maintaining and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access and use the Services. To use the App, you must have a compatible mobile device and SuppTrack does not guarantee that the App will be compatible with any specific mobile device. You are solely responsible for your mobile device data or related charges. SuppTrack may from time to time issue upgraded versions of the App and may automatically update the version of the App that you are using.
SuppTrack is committed to ensuring that the App and all Services are accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA). If you encounter any accessibility issues while using the App, please contact us immediately so that we can work to resolve them and ensure the Service is accessible to all users.
The Service may contain links to third-party content and other third-party websites that are not owned or controlled by SuppTrack. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by SuppTrack. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 Third-Party Content.
Access to the Services may include hardware, software, and other proprietary materials from SuppTrack's third-party suppliers that are subject to license rights, terms and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Services are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If SuppTrack's rights provided by a third-party supplier are limited, suspended or terminated for any reason, your rights shall also be so limited, suspended or terminated. To the extent of any conflict between the terms of these Terms and Conditions and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.
You represent and warrant that (i) these Terms and Conditions constitute your legal, valid and binding obligation enforceable against you in accordance with their terms, subject to the principles of equity, bankruptcy, insolvency, reorganization and other laws affecting creditors' rights generally, (ii) you have all requisite authority to enter into these Terms and Conditions, (iii) your agreement to these Terms and Conditions and performance or compliance with the terms of these Terms and Conditions will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you or your affiliates are bound or to which your properties are subject, (iv) you are the lawful owner of any submitted User Content and your Registration Data, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload and make available in submitted User Content and your Registration Data and license it as specified herein, and (v) your submitted User Content and your Registration Data will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property or other rights of a third party.
Access to the Services is provided at the discretion of SuppTrack. SuppTrack has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your Account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if SuppTrack believes that you are in violation of any of the provisions of these Terms and Conditions, your Account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete. SuppTrack shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the User Content from the Services, in its sole discretion. In the event you desire to terminate your Account you may do so through the Service or by contacting SuppTrack as set forth below. Upon termination of your Account, all of the information associated with your Account may be retained or deleted without notice, consistent with applicable law. SuppTrack shall have no liability for such deletion.
To the fullest extent permitted by law, you shall indemnify, defend and hold SuppTrack and the other SuppTrack Parties harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys' fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms and Conditions, (ii) your access to and use of the Services, and/or (iii) your Content and your Registration Data; provided, the foregoing provisions of this Section shall not apply to the extent such losses, costs and expenses arise out of the gross negligence or willful misconduct of SuppTrack.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, SUPPTRACK DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THE SERVICES, USER CONTENT OR ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE SERVICES AND USER CONTENT ARE PROVIDED ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER CONTENT, THESE TERMS AND CONDITIONS OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SUPPTRACK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS.
SUBJECT TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPPTRACK OR ANY OTHER SUPPTRACK PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SERVICES OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00) OR THE FEES PAID FOR THE SERVICE OVER THE PAST 12 MONTHS, whichever is greater. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any of your claims arising in connection with these Terms and Conditions, the Services or User Content must be brought within one (1) year of the date that the event giving rise to such action occurred.
SuppTrack shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third-party service providers, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.
SuppTrack may collect your personal and non-personal information when you download, register for, access and/or use the Services. You agree that SuppTrack may collect, process, transfer, use and disclose your information in accordance with SuppTrack's Privacy Notice which is incorporated herein by reference and deemed a part hereof.
In addition to the Privacy Notice, SuppTrack may collect and use personal information in accordance with applicable data protection laws, including the GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act). You have the right to request access to, correction of, or deletion of your personal data, as well as the right to opt-out of the sale of personal data. To exercise these rights, contact us using the information provided below. SuppTrack will not discriminate against users for exercising their data rights. SuppTrack will respond to any data access, correction, or deletion requests in a reasonable timeframe, typically within 30 days, in accordance with applicable data protection laws.
If you submit any ideas, concepts, feedback or related information concerning the Services to SuppTrack through the Services or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to SuppTrack, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.
You may not assign or transfer these Terms and Conditions, or any of your rights or obligations hereunder, without the prior written consent of SuppTrack, and any attempted assignment or transfer without SuppTrack's prior written consent shall be null and void. SuppTrack may assign these Terms and Conditions to an affiliate or the surviving entity or its successor in the event of its merger or the sale of all or substantially all of its assets. All of the terms and provisions of these Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.
These Terms and Conditions shall be governed by, construed and enforced according to the laws of the State of Delaware, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms and Conditions shall be brought only in the state or federal courts of Wilmington, Delaware, and all parties expressly consent to such courts' jurisdiction and irrevocably waive any objection with respect to the same.
To the fullest extent permitted by law, you agree that any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, your use of the Service, or any other interactions with SuppTrack shall be resolved through final and binding arbitration, rather than in court. Arbitration will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial or to participate in a class action lawsuit. The arbitration will be governed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, and each party shall bear its own costs and expenses, unless otherwise decided by the arbitrator.
Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail, in each case to the respective party as set forth below.
To SuppTrack:
SuppTrack, Inc
Attn: Legal Notices
10900 Research Blvd
Ste 160C PMB 3108
Austin, TX 78759
Email: [email protected]
To you:
As specified in your Account information.
Section headings are not to be considered part of these Terms and Conditions. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise set forth herein, if any provision of these Terms and Conditions is found void or unenforceable, this will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as stated herein, nothing in these Terms and Conditions is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms and Conditions. Any and all rights and obligations contained in these Terms and Conditions which by their nature and/or context are intended to survive termination of these Terms and Conditions shall so survive, including, but not limited to, perpetual license grants, indemnification, limitations of liability and disclaimers. No breach or right under these Terms and Conditions may be waived unless in writing signed by the waiving party.
This Section 26 only applies to the App. You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, including, without limitation, the Apple App Store or Google Play (each an “App Store”).
SuppTrack may modify these Terms and Conditions from time to time by posting an updated version of these Terms and Conditions and changing the “Date Last Modified” above. Such changes shall be effective immediately upon posting updated Terms and Conditions. If you continue to access or use the Services, you accept such modified terms. If you do not agree to such changes, do not continue to access or use the Services.
