Updated on March 7, 2007
Welcome to the mTraks, Inc. ("mTraks") applications, platform, web site (www.mtraks.com), and any other web sites, applications, or services operated or produced by mTraks (collectively, the "mTraks Platform"). Certain content on the mTraks Platform is made available by third-party content providers and may be licensed by you for a fee (“Commercial Content”). By purchasing or using such Commercial Content, you acknowledge that you have read, understood and agree to be bound by these Terms of Sale.
The content available for purchase on the mTraks Platform is intended for end user customers only. For commercial licensing, please contact .
This Terms of Sale is incorporated into and is subject to the mTraks Platform Terms of Service. Your use of the mTraks Platform and any content purchased through the mTraks Platform are subject at all times to this Terms of Sale and the Terms of Service. For information regarding how mTraks collects, uses and discloses your personal information, please see the mTraks Privacy Notice.
mTraks reserves the right to change these Terms of Sale from time to time. Therefore, you are encouraged to review this Terms of Sale on a periodic basis for modifications. Your continued use of the mTraks Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Sale, such amended terms shall automatically be effective thirty (30) days after they are initially posted on the mTraks Platform. If you are a registered user, we may notify you through the mTraks Platform's messaging tools.
As used herein, the term “Authorized Device” means a personal computer connected to the mTraks Platform. mTraks may modify this definition of Authorized Device from time to time.
Your use of Commercial Content is subject at all times to the usage rules on the information page of such Commercial Content. Subject to the usage rules on the information page of the Commercial Content purchased by you and your payment of applicable fees, mTraks hereby grants to you a personal, non-exclusive, non-transferable, limited right and license to use, for non-commercial, private use, such Commercial Content on Authorized Device(s). If the usage rules on the information page of the Commercial Content purchased by you do not prohibit it, you may also make one (1) archival copy of the Commercial Content on removable media of your choice (including a recordable CD, DVD or external hard drive) in the same format as the original copy of the Commercial Content you downloaded from the mTraks Platform (“Backup Copies”). Backup Copies of Commercial Content should not be playable on any device and are for archival purposes only.
Regardless of the use of the word “purchase,” all Commercial Content offered for download or other electronic delivery are offered for license, not purchase or sale, and are subject to this Agreement and any other license terms and conditions applicable to such Commercial Content, including limitations imposed by the use of digital rights management technology and those found on such Commercial Content’s information page. All other rights in Commercial Content are reserved. Your request to “purchase” particular content is personal to you, and such content may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. For the avoidance of doubt, such rights do not include the right to create a derivative work, to make copies other than for your own personal use, use the content in any commercial manner or publicly display Commercial Content (including, but not limited to, in a place of public accommodation). For questions with respect to uses of content, please contact us at .
All sales of products and services available on the mTraks Platform are final and nonrefundable.
If you are unable to download Commercial Content, please see the Customer Service section below. Once you have downloaded purchased Commercial Content, you bear all risk of loss to such content and mTraks makes no guarantee that such Commercial Content will be available at a later date.
mTraks accepts payments only through your credit card account. Billing to your credit card account occurs at the time of purchase or shortly thereafter. We do not accept cash, checks or any other payment form. You agree to pay for all products and services that you purchase through the mTraks Platform, and we may charge your selected payment method for any such payments. You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit card number or expiration date) and notify mTraks if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).
You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the mTraks Platform. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your credit card account, ensure all data is correct and resubmit. If the transaction is not accepted online, please see the Customer Service section below.
You are responsible for paying any governmental taxes imposed on your use of the mTraks Platform, including, but not limited to, sales, use or value-added taxes. To the extent mTraks is obligated to collect such taxes, the applicable tax will be added to your billing account.
Some products offered as part of the mTraks Platform are subscription-based services ("Subscription Services"). All references to the mTraks Platform, and all terms and conditions applicable thereto, include reference to the Subscription Services. If you open a Subscription Services account on the mTraks Platform, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Subscription Services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. Any changes to fees will apply on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. You will receive notice of any fee change at least thirty (30) days before the scheduled date of the transaction and failure to cancel your account as set forth below will constitute acceptance of such fee change. Fees paid for any Subscription Services term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Subscription Services account, you agree that mTraks can charge these unpaid fees to any payment method that you have previously provided.
Your Subscription Service(s) will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; (ii) upon every one (1) year anniversary for annual subscriptions; (iii) such other periodic rate you have selected from among the options offered on the mTraks Services.
Authorization to charge your payment method account will remain in effect until you notify mTraks (in writing) of termination of this authorization or of a change to your selected payment method; provided, that such notice will not affect charges submitted before mTraks could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable product or service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
For annual subscriptions, you will have thirty (30) days after the date that any renewal fee is posted to your account to give notice that you want to cancel your subscription, and the subscription will be cancelled upon receipt of such notification and a credit will be posted to your account equal to the latest renewal fee charged. For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations. For monthly subscriptions, you must notify mTraks at least fifteen (15) days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must notify mTraks at least fifteen (15) days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
We may occasionally offer promotional trial subscriptions at special discounted prices. If you sign up for a trial subscription, your subscription will be either (1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel before the end of the trial period or (2) terminated, unless you successfully sign-up for a normal paid subscription.
To cancel any of your Subscription Services, please contact mTraks at . Once you have terminated a subscription, we will stop billing your account as set forth above unless you re-subscribe. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
mTraks may make changes to or discontinue any of the products or services available within the mTraks Platform at any time, and without notice. If a particular piece of content becomes unavailable following purchase but prior to download, your sole remedy is a refund of the purchase price paid for the unavailable content. The Materials on the mTraks Platform with respect to products and services may be out of date, and mTraks makes no commitment to update the Materials on the mTraks Platform with respect to such products and services.
mTraks may impose an additional transaction fee based on transactions associated with mTraks Platform, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
For assistance with billing questions or other order inquiries, send us an email at . Responses to emails will be provided as soon as possible.
