Terms of Service

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

By using the www.RoviTracker.com web site, and/or the mobile applications known as RoviTracker collectively a service (the “Service”) of RoviTracker. (“RoviTracker”), you (“you” or “your”, as appropriate) are agreeing to be bound by the following terms and conditions (“Terms of Use”). As a condition to your use of the Service, you warrant to RoviTracker that you will not use the Service, or any of the content obtained from the Service, for any purpose that is unlawful or prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Service automatically terminates. Ceasing use of the Service is your sole right and remedy with respect to any dispute with RoviTracker.

 

MEMBERSHIP AND BILLING

You can find the specific details regarding your membership with RoviTracker at anytime by visiting our website and clicking on the “Your Account” link.

FREE TRIAL

Your RoviTracker membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid credit card or debit card, or other accepted payment method (“Payment Method”) to use our service. In the event that you continue to use our service beyond your free trial period, we will automatically charge you.

We will begin charging your Payment Method for membership fees at the end of the free trial period unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately 30 days of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY ROVITRACKER WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a 30 day basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, 30 days or monthly refers to your billing cycle (See “Billing” below).

BILLING

You agree that RoviTracker.com shall be permitted to charge your credit card on a 30 day, monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by RoviTracker.com may be turned over to an outside collection agency for collection.

Subscriber is aware that RoviTracker.com may prospectively change the specified rates and charges from time to time.

Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each 30 days thereafter unless and until you cancel your membership. Visit our website and click on the “Membership Terms and Details” link on the “Your Account” page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership.

You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

RoviTracker.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by RoviTracker.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

CANCELLATION

You may cancel your RoviTracker membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on “Cancel Membership” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”

 

CONTENT AND LINKS DISPLAYED WITH ROVITRACKER SOFTWARE AND SERVICES

Content and links displayed by RoviTracker may be other sites and services not owned by RoviTracker. RoviTracker does monitor and screen items displayed by third parties and if such offensive content is found RoviTracker will take action to remove such offensive content. RoviTracker shall not be held liable for any materials, damages, or loss caused by these third party services and links.

 

PRIVACY POLICY

By using our services, you agree that RoviTracker can use data it receives in accordance with our Privacy Policy.

Please click here for details on RoviTracker’s privacy policy.

 

TRADEMARKS

RoviTracker, RoviTracker.COM, RoviTracker logo, RoviTracker design, and other RoviTracker graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RoviTracker or its affiliates. All other trademarks not owned by RoviTracker, or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RoviTracker or its affiliates.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of RoviTracker or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of RoviTracker and protected by U.S. and international copyright laws. All software used on this site is the property of RoviTracker or its software suppliers and protected by United States and international copyright laws.

 

DEALINGS WITH ADVERTISERS

RoviTracker provides links to 3rd party affiliate programs. Business dealings and correspondence with these affiliates or other parties are between you and the affiliate. RoviTracker is not responsible for any loss or liability as a result of those dealings.

 

INTELLECTUAL PROPERTY POLICY

Services and software from RoviTracker contain proprietary knowledge that is protected by applicable laws. You are not allowed, unless expressly authorized, to modify, sell, or distribute any works based on RoviTracker’s software or services.

 

NOTIFICATION OF CLAIMED INFRINGEMENT

RoviTracker respects the copyright and other intellectual property rights of others and requests that the people who use its services do the same. If you believe your work has been used on a service provided by us in a way that constitutes copyright infringement, you may provide a notice to our copyright agent. In your notice, please provide the following information in writing:

  1. the electronic or physical signature of the rights holder in the copyright or the person authorized to act on behalf of that person;
  2. identification of the copyrighted work that you claim has been infringed;
  3. an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit RoviTracker to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit RoviTracker to locate that reference or link;
  4. your name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright rights holder, its agent, or the law; and
  6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the rights holder or are authorized to act on the behalf of the rights holder.

Our designated agent to receive notification of claimed infringement can be reached at

Attn: Copyright Agent
[RoviTracker, info@rovitracker.com]

 

TERMINATION FOR VIOLATION OF POLICY

It is our policy to terminate in appropriate circumstances an account, contributor, or the access rights of a subscriber for repeated copyright infringement, and we also reserve the right to terminate an account, contributor, or subscriber for even one instance of infringement.

 

DISCLOSURE OF INFORMATION RELATED TO POLICY

RoviTracker may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if RoviTracker believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

 

DISCLAIMER OF WARRANTIES

RoviTracker disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the RoviTracker products’ and services’ results. RoviTracker disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. RoviTracker disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the RoviTracker products and services.

THE ROVITRACKER PRODUCTS, SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ROVITRACKER PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ROVITRACKER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ROVITRACKER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ROVITRACKER PRODUCTS AND SERVICES. ROVITRACKER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ROVITRACKER PRODUCTS AND SERVICES. ROVITRACKER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROVITRACKER PRODUCTS OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ROVITRACKER PROCUCTS OR SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROVITRACKER PRODUCT OR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ROVITRACKER PRODUCT OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ROVITRACKER, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE ROVITRACKER PRODUCT OR SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ROVITRACKER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ROVITRACKER PRODUCT OR SERVICES, FROM INABILITY TO USE THE ROVITRACKER PRODUCT OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ROVITRACKER PRODUCT OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROVITRACKER PRODUCT OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROVITRACKER PRODUCT OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ROVITRACKER PRODUCT OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROVITRACKER PRODUCT OR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ROVITRACKER PRODUCT OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ROVITRACKER PRODUCT OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATIONS

You agree not to resell the Service or any portion thereof. You may use the Service solely for your personal, noncommercial use. You may not copy or distribute any part of the Service without RoviTracker ‘s express written consent. RoviTracker retains the right, at RoviTracker ‘s sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms of Use and may terminate your Service if your conduct is found to be inconsistent with these Terms of Use.

Without limiting the foregoing, under no circumstances shall RoviTracker, its affiliates, or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that RoviTracker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RoviTracker with respect thereto, and agree to indemnify and hold RoviTracker, its owners, partners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

YOUR CONDUCT

Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree (i) to comply with US law regarding the transmission of technical data exported from the United States through the Service, (ii) not to use the Service for illegal purposes, (iii) not to interfere or disrupt networks connected to the Service, and (iv) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to transmit through the Service any unlawful, unauthorized, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Service is not directed to children under the age of 13. You may not make recommendations or send invitations to join the Service to non-users who are under the age of 13. RoviTracker requests that minors do not submit or post any information to the site without a parent or guardian’s consent. RoviTracker will not knowingly use information that a minor provides to RoviTracker for any marketing, selling or promotional purposes. Ultimately, it shall be the parent or guardian’s responsibility for the acts and actions of the minor with respect to the use of the Service. You shall not interfere with another user’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services. RoviTracker may, at its sole discretion, immediately terminate Service should your conduct fail to conform to these terms and conditions of these Terms of Use.

 

INDEMNIFICATION

You agree to indemnify and hold RoviTracker, its subsidiaries, affiliates, 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 your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity.

 

GENERAL

This Terms of Service represents the entire agreement between you and RoviTracker. This Terms of Service supersedes any previous agreement. Additional terms and conditions may apply to additional software and services used or purchased through RoviTracker or a third party affiliate partner.

RoviTracker reserves the right to change any part of this Terms of Service agreement at any time without notification. Please refer back to this site from time to time to check for any updates.

If you have any questions or would like to report a violation of this agreement, please contact info@RoviTracker.com.

We are always looking for ways to improve, so please communicate with us.