ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH TRACKMYPDH, AND USE OF THE SERVICES, AS DEFINED BELOW, PROVIDED TO YOU BY TRACKMYPDH. YOU ARE HERERBY ASKED TO ACCEPT THESE TERMS OF SERVICE AND MAY USE THE SERVICES AVAILABLE ON THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Acceptance of Terms of Service
These Terms of Service (the "Agreement" or "Terms of Service") are a legal agreement between you, either an individual or an entity ("you" or "user"), and TRACKMYPDH.COM ("TRACKMYPDH"), regarding the Services, as defined below. TRACKMYPDH makes this website (http://www.trackmypdh.com ) and all other TRACKMYPDH domains included within this website (the "Website"), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any TRACKMYPDH services and/or downloading or purchasing any TRACKMYPDH products/services, you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website.
If you do NOT agree to all these Terms of Service, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future TRACKMYPDH services or visit TRACKMYPDH's or its affiliates' websites or obtain any products or services, whether free of charge or for payment, of TRACKMYPDH or any business affiliated with TRACKMYPDH, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.
These Terms of Service may be amended by TRACKMYPDH at any time upon notice given by any of the following means: through the Website at or after you login to your User Account (as defined below), by email communication to the address provided by you when you set up your User Account. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service as amended from time to time. Please check these Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on or available through this Website (the "Content";) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
TRACKMYPDH reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. TRACKMYPDH reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
In TrackMyPDH, we offer the following services to help you manage the process of license renewal.
- Saving License Details - TrackMyPDH helps in saving the details of your license(s) which you hold to practice your profession. You are allowed to save more than one license details that you possess. You can edit or delete all your saved licensed details anytime required.
- Saving Event Details - In TrackMyPDH, you can save the details of your PDH activity or event. Everytime you attend an activity or event, you can submit the details with TrackMyPDH for refering during the time of license renewal.
- Mapping Event to License(s) - As you might be the holder of more than one license, you may attend events that are common to many licenses.In such cases, you can save the activity or event details to TrackMyPDH and map it to the applicable licenses.
- Storing your PDH Certificates - TrackMyPDH helps you to store PDH Certificates or Documents by allowing you to upload them to your TrackMyPDH account and also helps you to download them whenever required.
- Recommending PDH courses - Once you are registered with TrackMyPDH, it suggests the right PDH courses that are matching your profile perfectly.
- Keeping track of your PDH credits - After you save your license and event details, the PDH credits that you have earned and required to renew your license will be calculated from the details you have saved and it will be displayed in the Dashboard of TrackMyPDH.
- Genearting Annual PDH Reports - TrackMyPDH generates annual report on the PDH events you have attended for each of your licenses that you have saved in it.You can edit and delete the events anytime.
- Generating customized PDH Reports - It also generates a customized report of PDH events according to the start and end dates specified by you.
- Allowing Social media sign-in - TrackMyPDH allows you to sign-in to TrackMyPDH account with any of your social media accounts such as Twitter, Facebook and Google.If you do not have any social network account, you can always sign-in with your TrackMyPDH account.
Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by TRACKMYPDH or its authorized partners. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Website, the Services, or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or the Services any viruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another user's User Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked sites.
User Account holders with TRACKMYPDH may upload data, information, material, and documents to be stored and associated with User Accounts on the Website ("User Content"). Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. It is your sole responsibility to determine what additional limitations, if any, are placed on the use of the User Content distributed within your working group. If you obtain unauthorized access to materials created or used by others outside of your working group in conjunction with the TRACKMYPDH Service, you have no right to use such materials in any way. You also acknowledge and agree that TRACKMYPDH has no liability of any kind should members of your working group, other persons whom you have allowed to have access to your User Content or any third party modify, destroy, corrupt, copy, or distribute your User Content.
You are solely responsible for protecting the information on your computer or your other devices for example, by installing anti-virus software, updating your applications, password protecting your files, and preventing third party access to your computer. You understand that users of TRACKMYPDH Services may store User Content that is unusable due to corruption from viruses, software malfunctions or other causes. TRACKMYPDH is not responsible for any damage that any user may incur through the sharing and use of such User Content.
Your Passwords and Account Security
TRACKMYPDH requires you to create a user account ("User Account") in order to use its Services and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated. TRACKMYPDH reserves the right to suspend or terminate accounts which are reasonably suspected to be used in contradiction to the terms herein and/or contain information that is untrue, inaccurate, not current or incomplete.
You shall choose a personal, non-transferable password. User Accounts may not be "shared" or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by TRACKMYPDH, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
Security of User Content
TRACKMYPDH will use all commercially reasonable efforts to restrict access to your User Content to authorized persons. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Although TRCKMYPDH strives to make sure that all data on the Website is secure, you hereby acknowledge and accept that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store on the Website or via Services.
TRACKMYPDH maintains a community resource for all users on its website which contains frequently asked questions and other useful information concerning the product and its use. In addition, TRACKMYPDH will provide technical support for paying account holders of its Services and its Software (defined below). In order to receive technical support from TRACKMYPDH, the user seeking such support must request such support by contacting TRACKMYPDH using the helpdesk feature at http://www.trackmypdh.com The user should describe the nature of the problem to be resolved as well as providing information about the user (name, address, etc). TRACKMYPDH will make reasonable efforts to respond to such requests in a timely manner,. The user will cooperate with TRACKMYPDH when seeking technical support services by providing information necessary to assist TRACKMYPDH or requested by TRACKMYPDH while diagnosing or resolving the issue. Although TRACKMYPDH cannot guarantee that a technical support issue will be resolved, TRACKMYPDH will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
The term of these Terms of Service ("Term") shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by TRACKMYPDH or you by written notice. TRACKMYPDH reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of TRACKMYPDH's trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THIS WEBSITE OR THE SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and Services that are not under the control of TRACKMYPDH (together, "Third Party Materials"). TRACKMYPDH shall not be responsible in any way for the content of such Third Party Materials. TRACKMYPDH provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by TRACKMYPDH of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with TRACKMYPDH and/or its licensors. Unless otherwise specifically provided herein or authorized by TRACKMYPDH in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.
TRACKMYPDH hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. TRACKMYPDH disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRACKMYPDH HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. TRACKMYPDH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. TRACKMYPDH DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY TRACKMYPDH ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by TRACKMYPDH in writing, contractors, agents, dealers or distributors of TRACKMYPDH or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TRACKMYPDH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACKMYPDH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
This Website may contain references to specific TRACKMYPDH products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. You understand and agree that by using this Website and Services contained therein, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, services and products at your own risk. IN NO EVENT SHALL TRACKMYPDH OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF TRACKMYPDH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST TRACKMYPDH PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO TRACKMYPDH IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO TRACKMYPDH IN CONNECTION WITH THE SERVICE IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRACKMYPDH; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO END USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY TRACKMYPDH, OR THIS WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items downloaded or purchased from this Website is further subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using TRACKMYPDH's Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You may from time to time provide suggestions, comments or other feedback to TRACKMYPDH with respect to any product, material, software or information provided by TRACKMYPDH (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for TRACKMYPDH. However, TRACKMYPDH will not disclose the source of any feedback without notice to the providing party. TRACKMYPDH shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to any TRACKMYPDH Privacy Policies posted on this Website.
Notice and Procedure for Making Claims of Copyright Infringement
It is TRACKMYPDH policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TRACKMYPDH Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying TRACKMYPDH and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TRACKMYPDH's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Contests, Sweepstakes, Auctions, and Promotions
From time to time, TRACKMYPDH may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.
TRACKMYPDH may offer certain software, to be used in conjunction with the Services, for downloading from or through this Website ("Software"). Such Software shall be licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website are the copyrighted works of TRACKMYPDH. You must agree to the terms of the applicable end user license agreement prior to use of such Software.
Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by TRACKMYPDH in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. TRACKMYPDH HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, TRACKMYPDH makes no warranty that: either the Services or Software will meet your requirements; either the Services or Software will be uninterrupted, timely, secure, or error-free; results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; the quality of any Services or Software purchased or accessible by you through the Website will meet your expectations; any errors in the Services or Software, or any defects in the Website, Services or Software will be corrected.
Service and Software Updates
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.
If you download the Software, it may automatically download and install subsequent updates for such Software from TRACKMYPDH. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TRACKMYPDH to deliver these to you) as part of your use of the Software.
This Website may contain pages or sections which may be edited by and are visible for all visitors of this Website, including but not limited to forums, chats, guestbooks, comments and image galleries, ("Publicly-Edited Sections").
TRACKMYPDH reserves the right to modify and/or delete any message submitted to the Publicly-Edited Sections, at its sole discretion, at any time and for any reason, including, but not limited to material which in TRACKMYPDH' opinion:
- (A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- (B) may infringe any intellectual property or other right of any entity or person;
- (C) may violate any applicable law or advocates illegal activity;
- (D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- (E) disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via TRACKMYPDH's websites;
- (F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- (G) violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
- (H) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (G) above.
Unlawful or Prohibited Use
You may not use this Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website or Services in any manner that could damage, disable, overburden, or impair this Website or Services, or that interferes with any third party's use and enjoyment of this Website or Services. You agree that you will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by TRACKMYPDH to all users of this Website or Services. You shall not institute, assist, or become involved in an attack upon any TRACKMYPDH server or otherwise attempt to disrupt the TRACKMYPDH servers. ANY ATTEMPT BY YOU TO DAMAGE TRACKMYPDH'S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF TRACKMYPDH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, TRACKMYPDH RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless TRACKMYPDH, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that TRACKMYPDH endorses or sponsors the linker or its website, products or services. You must not use TRACKMYPDH's intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from TRACKMYPDH. Furthermore, you agree to remove the link at any time upon TRACKMYPDH's request.
Ending Your Relationship with TRACKMYPDH
These Terms of Service will continue to apply until terminated by either you or TRACKMYPDH as set out below. If you want to terminate this legal agreement with TRACKMYPDH (i.e. these Terms of Service), you may do so by closing your User Account. Your notice should be sent to firstname.lastname@example.org. TRACKMYPDH reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to TRACKMYPDH whatsoever.
You are solely responsible for cancelling your User Account. You can cancel your User Account by selecting the appropriate option in your User Account interface. Upon termination of your User Account, your User Content will be deleted from the Website and Services.
TRACKMYPDH may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without TRACKMYPDH's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If this Website is not available for any period or any time, TRACKMYPDH shall not be liable. TRACKMYPDH gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to this Website or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. TRACKMYPDH reserves the right to suspend the operation of the Services, this Website, or any part thereof. You agree that neither TRACKMYPDH nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
TRACKMYPDH will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of TRACKMYPDH.
Agreement to Deal Electronically
All transactions with or through this Website or TRACKMYPDH may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via this Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the Supreme Court of Ohio for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by TRACKMYPDH.
TRACKMYPDH does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.