TRAK

Terms of Use

Welcome to the TRAK web site. Following are the rules that govern our site.

Information on this site may be changed or updated without notice. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and TRAK.

This site may be accessed and used only by individuals who are not minors and have accepted these Terms of Use. TRAK WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY FAILURE OR REFUSAL BY TRAK IN RECEIVING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO TRAK BY MEANS OF THE WEB SITE OR EMAIL. IN NO EVENT WILL TRAK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

ALL INFORMATION IS PROVIDED BY TRAK ON AN "AS IS" AND AN "AS AVAILABLE" BASIS ONLY. TRAK PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. TRAK EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SITE WILL (I) BE UNINTERRUPTED AND SECURE (II) BE ERROR OR VIRUS FREE, AND (III) MEET YOUR REQUIREMENTS.

TRAK makes no representations whatsoever about any other web site which you may access through this one. When you access a non-TRAK web site, please understand that it is independent from TRAK, and that TRAK has no control over the content on that web site. In addition, a link to a non-TRAK web site does not mean that TRAK endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. TRAK specifically disclaims any responsibility if sites accessed through this one: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

This TRAK site and all of its contents including, but not limited to, all text and images and their arrangement ("Content") are owned and copyrighted by TRAK or others with all rights reserved unless otherwise noted. Permission to use or copy the Content is granted for personal use only and may not be used for any other purpose, linked with another web site, or edited without the express written consent of TRAK. By furnishing information, TRAK does not grant any licenses to any copyrights, patents or any other intellectual property rights. You are also advised that TRAK will aggressively enforce its intellectual property rights to the fullest extent of the law.

TRAK does not purport to exercise any control over the transmission of e-mailed communication prior to receiving it and you agree that TRAK shall incur no liability with respect to such transmissions before you send any resume via e-mail to TRAK. By submitting your information to the site, you grant TRAK a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce and transmit such information.

In connection with your use of the site, you agree you will not post, transmit or upload any material that (i) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, harassing or obscene, or (ii) disrupts or interferes with the normal operations of the site such as making an abnormally large posting.

You agree to indemnify, defend and hold harmless TRAK, its parents, subsidiaries, affiliates, officers, directors and employees from any liabilities, expenses and costs, including but not limited to legal fees and expenses, incurred in connection with any claims or demands of any third party resulting from or arising out of your use of this site.

These Terms of Use and your use of the site are governed by the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Duval County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the site or in which these Terms of Use and/or the site are a material fact. TRAK does not warrant that this site will be lawful outside of the United States.

This web site contains certain forward-looking statements regarding TRAK's beliefs, goals, anticipated results and expectations which involve risks and uncertainties. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. TRAK's actual results could differ materially from the results anticipated in these forward-looking statements as a result of certain factors set forth in TRAK's filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made.

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