Welcome to MapTrack an Application, hereinafter referred to as "MapTrack" or "Application" or "Service" that offers its services, described later in this document, through the Website www.maptrack.com. You and all persons using MapTrack, whether or not registered, will be referred to herein as User.
The User using and enjoying MapTrack must know and accept the following Terms and Conditions of Use and Privacy Policies (hereinafter referred to as the "TERMS"). Map Kitchen, LLC is the owner of MapTrack is committed to protect the information of the User according to the laws, legal provisions and other rules that regulate the protection of data, the privacy or handling information and other norms that are in accordance with the public order.
The Terms and Conditions of Use are the following:
1. Acceptance of Terms and Conditions
If the User does not accept any of the Terms and Conditions, the User should not connect or access MapTrack Application in any way.
The User has the responsibility to comply with all laws, regulations, or any other obligations related to the service. MapTrack recommends the User to carefully review the Terms and Conditions prior to make any activity on the Application.
The person who logs in, connects, accesses or uses the MapTrack Application, recognizes that the conditions constitute a binding and enforceable legal agreement between MapTrack and the User.
2. Services and Functioning of MapTrack
MapTrack is an Application that allows the User to use optimal geolocation to track their Application visitors.
The User can access to the services by completing the User Registration process.
Once the User completes the registration process he/she will be able to request the services.
3. Rights that the User grants to MapTrack
The User authorizes MapTrack to: (1) Use the processor, bandwidth, and storage hardware of the User´s device to facilitate the operation of the Service, (2) Publish advertisements or other information of MapTrack and partners Commercial, affiliates, anywhere , in the world.
4. Registration of Users authorized to access MapTrack
The User to register must enter his/her e-mail address and a password which the User must commit not to divulge to third parties. MapTrack will send an a message to confirm the email address, once it's successfully confirmed the User must complete the next steps: 1. profile, 2. Application and 3. payment, and must enter his name, last name, company name,phone number, Application name, Application URL and choose between the differents plans and proceed to pay.
By registering on MapTrack the User affirms that he / she is of legal age (over 13) and accepts these Terms and Conditions. If the User is not of legal age, he must not use the Application, nor provide MapTrack any personal data. MapTrack reserves the right to request an age test at any time in order to verify that minors are not using MapTrack. In the event that MapTrack is aware that a minor is using the Application, MapTrack may prohibit and block the use and access of such User and will quickly eliminate any personal information in relation to the minor age User. MapTrack reserves the right to perform the verification of data provided in the registration process and to grant access to the Application.
5. Profile Settings
By registering for the Application, the User can modify his/her profile at any time by entering to: ----- and adding or modifying the registration information such as first name, last name, cell phone and active e-mail. It also allows the User to change the password, which must be handled with confidentiality at all times.
When registering for the Application, the User must provide only true and accurate information, otherwise MapTrack can not guarantee a good services.
6. Users Responsibilities
The responsibilities of the Users imposed by the laws and regulations, are the following:
- Maintaining the profile information confidential.
- Being over age and providing any documentation required by MapTrack.
- Providing accurate data when completing the registration process.
7. Security Policy
MapTrack will take the necessary measures to safeguard the security or protection of the data and the secret password of the User. In case of changes in the information registered in the Application, or in case of any irregularity or simply as a protection of the identity of the User, MapTrack may contact the User by telephone or email, in order to corroborate the changes and try to avoid possible Frauds.
The personal data that are voluntarily delivered to the Application can only be processed by MapTrack for automatic filling of the documents and for the operation of the Application; such information will not be delivered to third parties.
The User may revoke the authorization to use his or her personal data in accordance with the Data Protection Law or rules that regulate this theme. For this the User can contact MapTrack through a customer service e-mail.
8. Prices informed in the Application
The prices published in the Application or in the application are the valid and current prices and include taxes.
Any changes to the information published in the Application, including services, prices of the conditions, promotions and offers, will be published and will have effect on future operations, without affecting, in any case, the rights acquired by the User or services previously agreed.
9. How to buy MapTrack
To make a purchase of the Service available in the Application, the User must follow the steps:
- Enter the username and password. If you are not registered on the Application, the User must register.
- Choose the Plan you wish to purchase.
- The prices of the Plans will discriminate the taxes and additional expenses. The User must validate the total value.
- Verify and confirm the e-mail to which the purchase of the product will be notified.
- Regarding the payment form, the online payment option will be given (Credit card, PSE, bank transfer) by ----.
- Credit card information is not stored by MapTrack.
- On the Application once the order is placed we will send you a confirmation e-mail.
9.1. Default Interest
If the User do not pay the bill at the end of the billing cycle, undertakes to pay MapTrack default interest at the maximum rate legally permitted by law per month, without prejudice to compensation for damages that may arise
10. Means of Payment for the Application
The User will have the option to pay the services of the Application through a payment gateway called ------, for which he will also be subject to the Terms and Conditions of the same, which can be found in the following link: --------
All aspects related to the use of the means of payment, such as their date of issue, expiration, quota, blockages, etc., will be subject to the agreement between the User and the financial or banking issuer.
Payment is understood to have been made to the Independent provider, and payments include applicable taxes as required by law. Payments are final and will not be refundable unless MapTrack deems it different.
MapTrack may at its discretion and criteria increase, decrease or modify the rates for the services obtained. Modifiable charges will also apply for the following transactions at the time of modification and may vary depending on the high demand for the service. MapTrack will make the greatest effort to inform the User the applicable rate before using the service.
11. Restriction of Use
The Users cannot, directly or through any third person, execute the following activities:
- Use the Application for illicit, illegal or unauthorized purposes.
- Use the Application in any form for spam activities or similar conduct.
- Allow access to unauthorized Users and minors. The User assumes all responsibility for the unauthorized User or minor that access MapTrack on their behalf.
- Interfere with or disrupt the operation of MapTrack or of the servers or networks that host MapTrack, or disobey laws, regulations, requirements, procedures, policies or regulations of such servers or networks.
- Publish or otherwise make available through MapTrack any content, text or information that is abusive, threatening, obscene, or offensive in any manner.
- Provide false information on MapTrack, either directly or indirectly.
- Misrepresent the User´s affiliation with any person or entity, or publishing false or inaccurate information in MapTrack.
- Transmit, distribute, display or make available through or in connection with MapTrack any content, including content generated by the User, which may infringe third party rights, including intellectual property rights and privacy rights, or it can contain any illegal content.
- Make screenshots, linking, hot linking, link, indexing or redirecting to unauthorized Third Party Sites.
- Take any action that imposes or may impose, at the discretion of MapTrack, an unreasonable or disproportionately large content load on the infrastructure of the Application.
- Violating security measures in order to prevent or restrict access to MapTrack.
- Copy, modify, alter, adapt, make available, translate, or disassemble any part of MapTrack.
- Create a browser frame (framing), or graphical User interface (GUI) about MapTrack without permission.
- Affecting the security of MapTrack Application by sending personal information and contact information (such as emails, phone numbers, etc.) to other Users in order not to do illicit activities.
- Perform any activities that is contrary to public policy and strict compliance rules that govern this type of Internet activities.
In case of any violation to the provisions of the Terms and Conditions, MapTrack can cancel the User's account and may initiate legal action.
As a condition for using MapTrack, the User agrees and warrants that:
- Will not infringe or violate the Terms and Conditions of MapTrack.
- Has the legal capacity to enter into these Terms and Conditions and form a binding agreement under any applicable law.
- Commit to use MapTrack in accordance with the Terms and Conditions, and fully comply with its obligations.
- In the exercise of the Terms and Conditions, the User will not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or judgement.
- MapTrack, its officers, directors, employees, agents and contractors are independent and have no employment relationship or some sort of labor relationship with any User or the account.
Users are prohibited from participating in activities, publishing content or registering or using a Username that has the following characteristics or includes material with these characteristics:
- Offensive, abusive, defamatory, pornographic, threatening or obscene.
- Illegal, aimed at promoting or committing an unlawful act of any kind, including infringement of intellectual property rights, privacy rights or property rights of MapTrack or a third party.
- Include the User´s password or intentionally include the password of another user or the personal data of third parties, or it is intended to request such personal data.
- Includes malicious content, such as malware, trojans or viruses, or otherwise prevents a user from accessing the Service.
- It is intended to harass or intimidate other users.
- Usurps or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or inaccurate.
- Use automated means to promote fictitious content.
- Involves the transmission of unwanted bulk mail or other forms of mass mail (spam), junk mail, chain messages or similar items, even through the MapTrack inbox
- Includes commercial or sales activities, such as advertising, deceptive advertising, contests, sweepstakes or pyramid schemes, which are not expressly authorized by MapTrack.
- Includes links to references or otherwise promote commercial services or products, unless expressly authorized by MapTrack.
- Interfere with MapTrack or in any way harms, manipulates, infringes or attempts to investigate, exploit or examine vulnerabilities in the Service or in systems or networks, in the rules of use or in any security component, MapTrack authentication measure or any other security measure corresponding to the Service, the Content or a part thereof.
The User understands and agrees that posting such User Content may result in the termination or immediate suspension of his account at MapTrack. You also agree that MapTrack may also retrieve your user name for any reason.
12. License to Use MapTrack
The Content in the Application are owned by MapTrack or MapTrack licensors. The User acquire a limited, non-exclusive, non-transferable, revocable license to use MapTrack service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the "License"). This License will remain valid until the User or MapTrack cancels it.
13. Trademark and Copyright
MapTrack, in compliance with the provisions of Intellectual Property and Copyright provides:
- Users can upload their own materials subject to the laws and regulations concerning intellectual property. This material will be subject to the rules and regulations related with Copyright (hereinafter "Content generated by the User").
- The User understands and agrees that is the owner and responsible for the content loaded in the Application. Also, it assumes all consequences holding MapTrack harmless of any legal liability (even after the User´s account is canceled regardless of the reason) from any third party claims.
- The User states that he is the author and owner of the uploaded content on the Application, or has all necessary licenses, rights, consents and permissions from their rightful owners, which are required to publish and ensure they do not infringe the copyright of third parties or other rights.
- The User agrees not to upload any content that is illegal or if at the time of publication was legal has been subsequently declared illegal.
14. Media with the User
MapTrack will send through the Application promotional codes, important notices about the service and any other information that it considers important for the User. At no time will MapTrack send illicit messages or with inappropriate information.
16. Period of effect and termination
MapTrack may terminate the Terms or suspend access to the MapTrack service to the User at any time, either due to inappropriate or illegal use of the Application.
17. Termination for breach, suspension and other measures
MapTrack may immediately terminate these Terms without notice if (i) The User has seriously breached, (ii) The User has provided inaccurate, fraudulent, non-updated or incomplete information during User's account registration and during use (Iii) The User has violated applicable laws or regulations, or the rights of third parties, or (iv) MapTrack believes in good faith that such action is reasonably necessary to protect the security or property of other Users of MapTrack or to prevent fraudulent activities, to evaluate risks or to conduct investigations.
18. MapTrack Trademark
The brand, logo, advertising, slogan and all other related identifiers are owned by MapTrack, whether is or not registered. Other trademarks, service brands, trade names and logos appearing on MapTrack trademarks belong to their respective owners ("Third Party Brands"). No right, license or interest on brands of MapTrack or third-party trademarks is granted hereunder. The User agrees that there is no right; license or interest with respect to brands of MapTrack or third-party trademarks and therefore the User will avoid using any of these brands without authorization. MapTrack´s brands and Third Parties’ brands are governed by the rules and regulation of intellectual property and other laws.
19. Links to Third Party Sites
MapTrack can integrate ads or sponsored links to the Application. If a User clicks on the ads can be transferred to a Application of an advertiser, a messages page, information page or to an offer. All information contained in the advertisements belong exclusively to the advertisers. MapTrack has no representation in these ads, nor has control over those ads. MapTrack, advertisers or third parties related thereto may be entitled to certain profits of such advertisements. The User agrees and acknowledges that they have no right or interest, and that will not be granted rights or guarantees with respect to the revenue from the ads.
21. Viability and Functionality
The viability and functionality of MapTrack depends on various factors, such as communication networks, software, hardware, service providers and contractors. MapTrack does not guarantee that the Application will work at all times without interruption, or is immune from unauthorized access or error free. MapTrack will do everything possible at all times to ensure that the provision and operation of the Application is in good condition and that the User can access without any problem.
22. Guaranty and Liability
IN THE EVENT OF MISLEADING REPRESENTATION OR CONDUCT OF THE USER, MAP TRACK MAY DECIDE TO CANCEL THE USER'S REGISTRATION WITHOUT HAVING TO EXPLAIN THE MAIN REASONS. NO ACTION OF MAP TRACK MAY BE INTERPRETED AS AN ACCEPTANCE OF ANY LIABILITY.
23. Limitation of liability
THE USE OF THE Application AND THE PURCHASE OF ANY SERVICE IS EXCLUSIVE RESPONSIBILITY OF THE USER TO THEIR OWN RISK.
MAP TRACK IS NOT LIABLE FOR DAMAGES ARISING FROM ANY EVENT RELATED WITH THE USE OR INABILITY TO USE THE Application WHETHER MAP TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE IS MANDATORY LIABLE, IN WHICH EVENT LIABILITY FOR DAMAGES IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE.
STATUTORY PROVISIONS APPLY TO CLAIMS DUE TO DEFECTIVE SERVICES. THE USER´S CONSUMER RIGHTS REMAIN UNAFFECTED IN ANY CASE.
MAP TRACK SERVICES OFFER A SET OF ROUTINES AND TABATAS IN ORDER THAT THE USER GETS HEALTHY AND ACCOMPLISH ITS FITNESS GOALS. DESPITE WE PROVIDE THE METHODS TO ACHIEVE YOUR GOALS, WE DO NOT GUARANTEE OR PROMISE A CONCRETE SUCCESS. THE TRAINING RESULTS' WILL DEPEND ON FACTORS THAT WE DON’T HANDLE SUCH AS PHYSICAL DISPOSITION AND PRECONDITIONS, THE USER´S DISCIPLINE AND WILLPOWER.
25. Changes in Terms and Conditions
These Terms, and the User´s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the User without MapTrack prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MapTrack may freely assign these Terms.
27. Dispute Resolution
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MapTrack should be sent to: -------. After the Notice is received, the User and MapTrack may attempt to resolve the claim or dispute informally. If the User and MapTrack do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
The award of the arbitrator is final and binding upon the User and MapTrack.
d. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
- These Terms and Conditions shall not be taken as a relationship, partnership, joint venture, employee-employer relationship, agency or franchisor-franchisee relationship between MapTrack and the User or third parties related.
- Any claim relating to MapTrack or the User shall be governed by the laws, decisions, documents and treaties between international laws related to intellectual property, data protection and other related services on the internet materials.
- If any provision in these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this document and will not affect the validity and enforceability of the remaining provisions.
- These terms are the current Terms and Conditions and supersede any previous verbal or written agreement between the User and MapTrack.
29. Concerns or Questions
This Agreement does not grant or imply rights or actions to persons other than Users.
Last Updated: September 29th, 2018.