License and Site Access. ITRACK AMERICAS (GLOBSPOT) grants you a limited license to access and make use of the Site and not to download (other than page caching) or modify it, or any portion of it (other than content provided specifically for download), except with express written consent of ITRACK AMERICAS (GLOBSPOT). Use of the Site may require you to register yourself as a user and open an account with ITRACK AMERICAS (GLOBSPOT). This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ITRACK AMERICAS (GLOBSPOT). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ITRACK AMERICAS (GLOBSPOT) without express written consent. You may not use any meta tags or any other “hidden text” utilizing ITRACK AMERICAS (GLOBSPOT)’ name or trademarks without the express written consent of ITRACK AMERICAS (GLOBSPOT). Any unauthorized use terminates the permission or license granted by ITRACK AMERICAS (GLOBSPOT). You are granted a limited, revocable, and nonexclusive right to create a hyperlink to ITRACK AMERICAS’ (GLOBSPOT) home page so long as the link does not portray ITRACK AMERICAS (GLOBSPOT), or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ITRACK AMERICAS (GLOBSPOT) logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account. If you use the Site, you are responsible for maintaining the confidentiality of any account, user name, or password information and for restricting access to your computer and account, and you agree to accept responsibility for all activities that occur under your account or password. You are solely responsible for managing your employees’ access to any authenticated portions of the Site to which you may have access and designating rights and access to individual company users, including the right to place orders on behalf of your company. If you are under 18, you may use the Site only with involvement of a parent or guardian. ITRACK AMERICAS (GLOBSPOT) reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Copyright Notice. The contents of the Site are protected by the copyright and other laws of the U.S., its treaty countries, and other jurisdictions. Except as may otherwise be provided in a written agreement you have with ITRACK AMERICAS (GLOBSPOT), you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this Site. You may download content from this Site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with ITRACK AMERICAS), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include ITRACK AMERICAS'(GLOBSPOT) copyright notice: ©GLOBSPOT. All rights reserved.
ITRACK AMERICAS (GLOBSPOT) makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from ITRACK AMERICAS (GLOBSPOT), and that ITRACK AMERICAS (GLOBSPOT) has no control over any content on that web site. In addition, a link to a third party web site does not mean that ITRACK AMERICAS (GLOBSPOT) 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, trojans and other items of a destructive nature.
Additional information and postings.
Disclaimer. The materials on the Site are provided “as is” and without warranties of any kind either expresses or implied. Commentary and other materials posted on the Site are not intended to be construed as advice on which reliance should be placed, and we therefore disclaim all liability and responsibility arising from any such reliance.
To the fullest extent permissible pursuant to applicable law, ITRACK AMERICAS (GLOBSPOT) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement, and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. ITRACK AMERICAS (GLOBSPOT) does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. ITRACK AMERICAS (GLOBSPOT) does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not ITRACK AMERICAS (GLOBSPOT) or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.
If you are an ITRACK AMERICAS (GLOBSPOT) employee, you must also follow the ITRACK AMERICAS (GLOBSPOT) Social Media Policy in your Postings.
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, shall ITRACK AMERICAS (GLOBSPOT), its subsidiaries, parent company, and affiliates be liable for any direct, indirect, incidental, special, or consequential damages that arise or result from, or are related to, the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall ITRACK AMERICAS'(GLOBSPOT) aggregate liability exceed $5.00. You specifically acknowledge and agree that ITRACK AMERICAS (GLOBSPOT), its subsidiaries, parent company, and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
Confidentiality. While using the Site, you may gain access to ITRACK AMERICAS’ (GLOBSPOT) business operations, technical, or product information, including pricing. This information is the confidential information of ITRACK AMERICAS (GLOBSPOT). You may not disclose this information to any third party and must limit disclosure to those of your employees and consultants with a need to know such information in the course of fulfilling their job, provided they agree to these confidentiality obligations. These restrictions do not apply if you can demonstrate that the confidential information:
- Is or has become generally available to the public without breach of this TOU;
- At the time of disclosure, was known to you and free of restriction; or
- Is approved for release by written authorization of ITRACK AMERICAS (GLOBSPOT).
Disclosure of information in response to a valid order of a court or other governmental agency shall not be a breach of this Section, if the disclosure is limited to the extent of, and for the purposes of, such order; provided, however, that you shall first notify ITRACK AMERICAS (GLOBSPOT) in writing of the order and permit ITRACK AMERICAS (GLOBSPOT) to seek a protective order, unless such notification is otherwise prohibited by law.
Notices of Copyright Infringement. Notifications of claimed copyright infringement should be sent to ITRACK AMERICAS’ Designated Agent in writing at the following address:
ITRACK AMERICAS, INC. (GLOBSPOT)
Attn: Legal Department
1228 University Avenue Suite 200, San Diego, CA, 92103, USA
To be effective, the notification must include the following:
- A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ITRACK AMERICAS (GLOBSPOT) to locate the material on the Site;
- Information reasonably sufficient to permit ITRACK AMERICAS (GLOBSPOT) to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
- A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent, a statement under penalty of perjury that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time after receipt of the written notification containing the information as outlined in 1 through 6 above, ITRACK AMERICAS (GLOBSPOT) shall remove or disable access to the material that is alleged to be infringing, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that ITRACK AMERICAS (GLOBSPOT) has removed or disabled access to the allegedly infringing material.
Counter-Notification. To be effective, a counter-notification must be a written communication provided to ITRACK AMERICAS’ (GLOBSPOT) Designated Agent at the above-provided address that includes the following, to the extent available:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber’s address is outside of the U.S., consent for any judicial district in which ITRACK AMERICAS (GLOBSPOT) may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter-notification containing the information as outlined in “a” through “d” above, ITRACK AMERICAS (GLOBSPOT) shall provide the complaining Party with a copy of the counter-notification within a commercially reasonable time and inform the copyright owner or designated agent that ITRACK AMERICAS (GLOBSPOT) will replace the removed material or cease disabling access to it within ten (10) business days. If ITRACK AMERICAS’ (GLOBSPOT) designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, ITRACK AMERICAS (GLOBSPOT) shall restore the allegedly infringing material.
Export Restrictions. ANY SOFTWARE OR OTHER MATERIALS WE MAKE AVAILABLE ON THE SITE ARE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SOFWARE OR OTHER MATERIALS YOU OBTAIN FROM OUR SITE. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
Export Compliance Assurances. You acknowledge that all products, proprietary data, know-how, software or other data or information (herein referred to as “Products”) obtained from ITRACK AMERICAS (GLOBSPOT) or any direct Product thereof are subject to the United States (U.S.) government export control laws accordingly their use, export and re-export, may be restricted or prohibited. You and your affiliates agree to obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). These U.S. government restrictions are implemented principally through the Export Administration Regulations (“EAR”, 15 C.F.R. Â§ 730 et seq., available at http://www.bis.doc.gov/) administered by Department of Commerce, Bureau of Industry and Security and the Foreign Asset Control Regulations administered by the Department of Treasury, Office of Foreign Assets Control (“OFAC”, 30 C.F.R. Part 500 et. Seq. available at http://www.treas.gov/offices/enforcement/ofac/). You, therefore, agree that neither you nor your subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to be exported or re-exported (herein referred to as “export”), any such Products or any direct Product thereof to any destination or entity prohibited or restricted under U.S. law including but not limited to U.S. government embargoed or sanctioned countries or entities, or nationals unless you shall obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). You further agree that no Products received from ITRACK AMERICAS (GLOBSPOT) will be directly or indirectly employed in missile technology, sensitive nuclear, or chemical biological weapons end uses or in any manner transferred to any party for any such end use. This requirement shall survive any termination or expiration of this Agreement.
Trademark GLOBSPOT is a registered trademark of ITRACK AMERICAS INC. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.
Modification & Termination. This TOU is effective until modified or terminated by ITRACK AMERICAS (GLOBSPOT). ITRACK AMERICAS (GLOBSPOT) may modify this TOU from time to time and the new TOU will be effective when posted. ITRACK AMERICAS (GLOBSPOT) may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.