You acknowledge and agree that RightTrack (or RightTrack's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RightTrack and that you shall not disclose such information without RightTrack's prior written consent.
Unless you have agreed otherwise in writing with RightTrack, nothing in the Terms gives you a right to use any of RightTrack's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by RightTrack, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Nothing in these terms, including sections 6 and 7, shall exclude or limit RightTrack's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available".
Unless you have been expressly authorized to do so in writing by RightTrack, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Your use of the services will meet your requirements,
- Your use of the services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from RightTrack or through or from the services shall create any warranty not expressly stated in the terms.
Subject to overall provision paraphrased above, you expressly understand and agree that RightTrack, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services
Your failure to provide RightTrack with accurate account information
Your failure to keep your password or account details secure and confidential
The limitations on RightTrack's liability to you in paragraph 7 above shall apply whether or not RightTrack has been advised of or should have been aware of the possibility of any such losses arising.