Terms of Service

Effective Date: January 1st, 2019

ALL USERS MUST READ THIS SECTION. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS HOW AND WHERE DISPUTES WILL BE RESOLVED.

ACCEPTANCE OF TERMS OF USE. By creating a profile, subscribing to and/or accessing any Trackops, LLC service or system, including through trackops.com, www.trackops.com, viewcases.com or any subdomains of viewcases.com (each individually a “Site” and collectively, the "Sites"), you agree to the terms and conditions on behalf of you and any company you are using the Site for (hereinafter “you” or “Client”) in this Agreement between you and Trackops, LLC (hereinafter, "Trackops", “we”, or “us”). If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or the "Agreement"), your only recourse is to discontinue use of the Site and, if you have previously subscribed to any Trackops service, notify Trackops in writing of your termination of the service from the primary user account’s email address or terminate your account through the application.

Trackops reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) provided that you are given 30 days notice prior to any changes going into effect; provided, however, that if such changes are required to comply with federal or state law such changes will become effective immediately upon notification thereof. If Trackops make changes to these Terms of Use and/or our Privacy Policy and you continue to use the Site after the 30 day notice period has been granted, or in the case of changes required by federal or state law immediately after notification of such change, you are impliedly agreeing to the updated Terms of Use and Privacy Policy expressed herein.


USE OF SITE

  1. Authorization of Company. You agree and acknowledge that you are subscribing to Trackops’ services for your company and that you are fully authorized to do so on behalf of that company, and in so doing bind all parties who make use of any Trackops service or system in connection with the company’s Trackops account to Trackops’ Terms of Use. This may include parties within your company, such as administrators and other parties outside the purview of your company, such as independent consultants whom you may grant access to your Trackops account.

  2. The Service. Trackops offers a web-based case management application designed to streamline the process of managing an investigation from start to finish (the “Service” or “Software”). You will receive a customized subdomain under viewcases.com (for example, yourcompanyname.viewcases.com). More information about our Services can be found at https://www.trackops.com.

  3. Your Use of the Software and Site. You may use the Sites and the Software only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (c) not to use automated scripts to collect information from or otherwise interact with the Site; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person.

  4. User Communications and User Content. With the exception of Client Data, by submitting any material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to Trackops), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Trackops a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Trackops the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes provided that such User Communication does not contain any information protected under state or federal law. You agree that Trackops shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.

  5. Monitoring. Trackops shall have the right to monitor the content of the Site at all times, including viewing of any personal information in your account on the Site (1) to determine compliance with this Agreement, (2) to determine compliance with any operating rules established by Trackops (3) to satisfy any applicable law, regulation, or authorized government request, and (4) to provide any support to you regarding the Software.

  6. Privacy. Trackops cares about the privacy of our users. View Trackops’ Privacy Policy at https://www.trackops.com/legal/privacy.html, which is incorporated into this Agreement by reference.

  7. Payment. You agree and acknowledge that you will make payments to Trackops for the use of the Software as agreed to in your account portal. Information about pricing can be found at https://www.trackops.com/pricing.html.

  8. Credit Card Charges. Trackops uses third parties to provide billing services, including Recurly and Authorize.net. By entering your credit card information, you agree and acknowledge that you will be bound by these third parties’ terms of use and privacy policy in addition to the policies of this Site. You agree to submit any disputes regarding any charge to your account in writing to Trackops within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. You will be billed monthly for the services based on the number of users and amount of data stored on the Site. Please contact Trackops’ customer service if you wish to pay annually by check for a discounted price.

  9. Support. Support documents can be found at https://support.trackops.com. If you cannot find an answer in our support documents, please contact Trackops directly for support. Trackops makes efforts to respond to all support requests within two business days.


ACCOUNT INFORMATION

  1. Accounts. Upon subscribing to a Trackops service, you will be given the option to set up user accounts to access the Client Data in the service. You agree and acknowledge that it is your responsibility to ensure that access to account information is in compliance with state and federal law. If you believe that any accounts have security issues, please contact Trackops immediately at privacy@trackops.com.

  2. Passwords. You shall set up and maintain usernames and passwords in such a way as to ensure the privacy of Client Data by using Trackops’ built-in user account administration functionality. Industry standards include: A) providing unique usernames and passwords for each user as opposed to maintaining one password for an entire company; B) using strong unique passwords for each user, defined as at least ten characters in length and a combination of letters, numbers, and special symbols; C) reviewing regularly the list of users and deleting those who no longer have a legitimate interest in the Client Data available on the Site; D) setting up user permission profiles in such a way as to provide and limit access to Client Data as is appropriate for each user's professional role, and E) ensuring that usernames and passwords are unique for the Trackops’ system and are not used on other websites and/or applications. Trackops is not responsible for inappropriate sharing of logins and passwords within the Client's company or with others outside of the company.

  3. Account Maintenance. The assignment and maintenance of logins, passwords, and permission profiles is the responsibility of Client. The setup of permission levels and users shall be done by you. Upon request, Trackops staff may provide help in regards to setting up users and passwords.

  4. User Profiles. You will have the option to set up User Roles to grant users certain permissions regarding your Client Data. Trackops strongly recommends using such profiles to ensure that your company maintains the confidentiality and integrity of your Client Data. Upon request, Trackops will assist you with creating such User Roles for future use.

  5. Company Contact. Each company that uses Trackops is required to provide a company contact for purposes of password/user verification. It is your responsibility to ensure that Trackops has current contact information for such contact.

  6. Cookies. Logins are managed using "cookies" for user identification. Certain networks may be configured to share cookies among multiple computers and users on the network, which may cause undesired sharing of sensitive information. Trackops shall not be held liable for any consequences that may arise from such circumstances.

  7. Usernames. You agree and acknowledge that each user will have an assigned username which they will choose upon creating an account. You will not allow multiple individuals to use the same account. Each username must be unique.

  8. Multiple Devices. While the Software may be accessed on the Site or through our mobile applications, a user account may only be logged into the Site through one connection at a time.


USE OF CLIENT DATA

  1. Client Data. You agree and acknowledge that you are contracting with Trackops to store information from your company (“Client Data”). Such Client Data may include, but is not limited to, information received from third parties such as private investigators, insurance companies, information inputted into the Site manually by users, and information received directly from the company. By using the Trackops system and services, you grant Trackops unlimited permission to parse, store, and manage any and all Client Data provided to Trackops by you or by a third party based on your request in order to provide you the Services.

  2. Access of Client Data. You agree and acknowledge that state and federal laws may impact the use, storing, and viewing of Client Data. Therefore, you agree and acknowledge that you will set up and maintain User Roles within the Trackops system that appropriately restrict access to Client Data according to that user’s roles and responsibilities.

  3. Reports. Client may choose to share reports and access to information in paper and/or electronic formats that contain Client Data downloaded and/or printed from the Site with others outside of their company. Client is responsible for complying with all state and federal laws regarding any use of the Client Data.

  4. Training. You are responsible for providing adequate training to your users with regard to all state and federal laws regarding the use of any Client Data, computer ethics, and appropriate data use. Topics may include issues such as: using email to transfer identifiable data, sharing logins/accounts, allowing a computer to save your password, saving Client Data identifiable information on a publicly available computer, the appropriate masking of identities when sharing data publicly, and any legal ethical rules surrounding Client Data.

  5. Site Security. You agree and acknowledge that Client Data provided to Trackops is maintained on secure, dedicated web servers and is encrypted during transfer (both upload and download) using SSL encryption software. Trackops will make every reasonable effort to maintain the confidentiality of information that can identify individuals during transfer within Trackops’ infrastructure. However, Trackops cannot guarantee any confidentiality for Client Data that is downloaded to user’s systems or that is transferred over open networks. Trackops highly suggests that the Site is only accessed through secure networks.

  6. Summary Reporting. Client assumes all responsibility for any the potential identifiable information whether by name or by inference when presenting data in a public forum. The user is responsible for auditing all reports before sharing them in a public forum to ensure privacy rights are protected.

  7. Misuse. You agree and acknowledge that Trackops is not responsible for misuse or misinterpretation of Client Data by you, anyone in your company, anyone else in connection in any other way with the Client's Trackops account, or by the public.

  8. Errors and Omissions. Trackops is not responsible for any errors in the information that are entered or imported from outside sources.

  9. Export Controls. Trackops’ services offered as part of these Terms of Use are subject to all relevant United States export control laws and regulations. Trackops makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States; (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations.

  10. API. Trackops has a developer API available to integrate with other applications. Use of any other applications with Trackops is at your own risk. All API keys should be treated like passwords. If you believe that anyone has access to an API key that shouldn’t, you should disable that API or change the API key immediately. After changing the API key or disabling the API key, you may be required to update your applications that use the API.


SECURITY, UPTIME, AND EQUIPMENT

  1. Security. You acknowledge that the Internet is not a secure environment. While Trackops takes reasonable precautions to protect against loss or theft of Client Data, Trackops shall not be responsible for any Client Data lost or stolen while transmitting or storing information on the Internet.

  2. While it is Trackops’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any Client Data you upload to the Site. Trackops will post all upcoming non-emergency maintenance notices at https://status.trackops.com. Trackops will attempt to give you as much notice as possible in the case of emergency maintenance, but due to its nature, notice may be minimal in emergency situations.

  3. Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. Trackops shall not be liable for any damages to a user's equipment resulting from the use of this Site. Be aware that the type of browser used may change the way Trackops renders on your devices.


INTELLECTUAL PROPERTY

  1. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Trackops with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Trackops’ prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject a User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Trackops protected by copyright as a collective work under the United States copyright laws. Trackops owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Trackops does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of this Section apply equally to and are for the benefit of Trackops, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Trackops specifically agrees and acknowledges that its claim of copyright for information on the Site does not apply to any Client Data which shall remain the sole property of Client.

  2. Trademarks. Trackops, trackops.com, viewcases.com, viewmycases.com, and our logo are trademarks of Trackops, LLC. All rights in respect of these trademarks are hereby expressly reserved. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Trackops LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Trackops, unless otherwise stated.


THIRD PARTY SITES

  1. Third Party Websites and Content. The Site may contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Trackops. Trackops is not responsible for any Third Party Sites accessed through the Site or any content posted by any website users on this Site or any Third Party Sites regarding Trackops. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that Trackops’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.

  2. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of Trackops. Neither Trackops nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.


WARRANTIES, DISCLAIMERS

  1. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL TRACKOPS OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. NEITHER TRACKOPS, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE IF SUCH INFORMATION IS RECEIVED FROM A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. IN NO EVENT SHALL TRACKOPS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENTS HEREOF, INCLUDING ANY REPORTS, TABLES, OR OTHER INFORMATION THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

  2. Limitation of Liability. TRACKOPS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO TRACKOPS IN THE SIX MONTHS PRIOR TO THE INCIDENT RESULTING IN LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TRACKOPS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRACKOPS, REGARDLESS OF THE CAUSE OF ACTION.

  3. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


TERMINATION

  1. Termination by Client. If Client chooses to discontinue using Trackops services, Trackops will archive and retain its copy of the Client Data for six months. All data should be exported by the client prior to terminating the service. If a written request to destroy the Client Data is received, all Client Data files will be removed from all production servers.

  2. Termination by Trackops. Trackops may terminate this Agreement at any time. Without limiting the foregoing, Trackops shall have the right to immediately terminate and/or suspend any account of any user and/or the complete account of any company:

    1. in the event of any conduct by that account user that Trackops, in its sole discretion, considers to be unacceptable;

    2. in the event of any breach of this Agreement;

    3. for failure to pay for the service as required on the Site; and/or

    4. in the case that Trackops believes that the user is violating state or federal law.


MISCELLANEOUS

  1. Disputes. Trackops and Client agree and acknowledge that it is in our individual and mutual best interest to work together quickly and amicably to resolve any disputes which may arise with respect to the provisions of these Terms of Use. In the event that such an issue does arise for Client, Client agrees to notify Trackops directly and promptly, and to provide reasonable time for Trackops to respond and, if applicable, for Trackops to propose and/or take appropriate action toward resolving the issue.

  2. Release of Client Data. Trackops shall not redisclose identifiable data records unless required by court order or with the express written consent of the company. Any court order or other such request/demand for data shall be communicated immediately to you if allowed by law. At your sole discretion and expense, you can take legal action to quash any subpoena served on Trackops for Client Data.

  3. Changes to Service. Client understands and agrees that they are subscribing to the services they select as they exist as of the time they select them. Trackops may, during the term of Client's subscription, and at Trackops’ sole discretion unless otherwise agreed separately in writing, add or enhance services or features, make corrections, alter navigation or display layouts or elements, and/or develop and implement suggestions, ideas, and recommendations by clients, any or all of which Trackops may offer as enhancements to existing services or as additional services for an additional charge.

  4. Additional Services. Client may request additional services from Trackops, such as exporting of Client Data. Such additional services will be at a price and with separate terms agreed to by the parties.

  5. Waiver. The waiver by Trackops of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by Trackops.

  6. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

  7. Governing Law; Venue and Jurisdiction. By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Trackops or any of Trackops’ affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

  8. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should Trackops prevail, you will reimburse Trackops’ reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.

  9. Indemnity. You agree to indemnify and hold Trackops, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

  10. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.