Updated on Dec 1, 2020
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FURTHER DOWN (DISPUTE RESOLUTION). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE DISPUTE RESOLUTION CLAUSE, YOU AND TRACKTIVITY LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TRACKTIVITY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Tracktivity, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You and other Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tracktivity reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tracktivity a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tracktivity has the right but not the obligation to monitor and edit or remove any activity or content. Tracktivity takes no responsibility and assumes no liability for any content posted by you or any third party.
Occasionally there may be Content on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any Content on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify Content on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all Content on the Site has been modified or updated.
The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of this Site at any time, but we have no obligation to update it. You agree that it is your responsibility to monitor changes to our Site.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tracktivity reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tracktivity, including any Tracktivity account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tracktivity’s systems or networks, or any systems or networks connected to the Site or to Tracktivity.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tracktivity on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are prohibited from using this Site or its Content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; for any obscene or immoral purpose;
Tracktivity makes no representation that accessing this Site is appropriate or available outside of the United States. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed the import or export of goods, on the United States Treasury Department's List of Specially Designated Nationals or United States Commerce Department's Table of Deny Orders.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right at any time to modify or discontinue any products or services listed n the Site (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
For more detail, please review our Shipping, Delivery and Returns policy.
Tracktivity’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Tracktivity immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Tracktivity or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Tracktivity cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
This Site may contain links to other independent third-party resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any Linked Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any Linked Sites. Please review carefully the Linked Sites policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
TRACKTIVITY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRACKTIVITY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRACKTIVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRACKTIVITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TRACKTIVITY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRACKTIVITY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Tracktivity reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
In no case shall Tracktivity, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, its Content or any products procured through the Site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify and hold Tracktivity, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tracktivity by any third party due to or arising out of or in connection with your use of the Site.
Tracktivity may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tracktivity’s rights or property, or the rights or property of visitors to or users of the Site, including Tracktivity’s customers. Tracktivity reserves the right at all times to disclose any information that Tracktivity deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tracktivity also may disclose your information when Tracktivity determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Tracktivity may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
These Terms will be interpreted in accordance with the laws of the Wyoming and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Laramie County, Wyoming or a United States District Court located in Laramie County, Wyoming for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Tracktivity shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Tracktivity must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR TRACKTIVITY MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Tracktivity will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Tracktivity also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, Content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Tracktivity may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Laramie County, Wyoming. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Laramie County, Wyoming in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Laramie County, Wyoming for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Tracktivity shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Laramie County, Wyoming.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800–778–7879 or visit the AAA website at http://www.adr.org.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Any feedback you provide at this Site shall be deemed to be non-confidential. Tracktivity shall be free to use such information on an unrestricted basis.
Updated on Dec 1, 2020
Personal Information is data that can be used to identify or contact a single person.
Here are some examples of the types of Personal Information Tracktivity may collect and how we may use it:
If you want to disable cookies please go to Settings in your browser and locate the “cookies” section where you can make the corresponding changes. Please note that certain features of the Tracktivity website will not be available once cookies are disabled.
As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Tracktivity may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on the Tracktivity website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your Personal Information to third parties as part of legal process. We will also share your information to the extent necessary to comply with ICANN or any ccTLD rules, regulations and policies when you register a domain name with us.
We use multiple web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our Platforms including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services.
These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include Personal Information such as name, address, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.
You can control the technologies we use by managing your browser settings or through the 'cookie banner" that may be presented when you first visit our website, or by utilizing settings in your browser or third-party tools, such as Disconnect, Ghostery and others.
We follow generally accepted standards to store and protect the Personal Information we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and our website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
If you decide to delete your Personal Information, the request will be honored only to the extent that the data it is no longer necessary for our legitimate business purposes or legal or contractual record keeping requirements.
We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier.
Tracktivity’s website may contain links to third-party websites, products, and services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
Updated on Dec 1, 2020
This Sales Agreement applies to any order, purchase, receipt, delivery, or use of any products purchased through the Tracktivity.com website (”the Site”). The Site is the property of Tracktivity LLC ("Tracktivity") and its licensors. By accepting delivery of the product(s) purchased from Tracktivity and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement, or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Tracktivity. These terms and conditions are subject to change without prior written notice at any time, at Tracktivity’s sole discretion.
“We”, “us” and/or “our” means Tracktivity. “You” or “your” means the individual or entity named on the invoice.
Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling, and any taxes or fees that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Tracktivity’s sole discretion, and unless otherwise agreed to in writing by Tracktivity, payment must be received by Tracktivity before Tracktivity’s acceptance of an order.
Tracktivity is not responsible for pricing, typographical, or other errors in any offer and we reserve the right to cancel any orders resulting from such errors.
Unless you provide Tracktivity with a valid and correct tax exemption certificate applicable to your purchase of product and the product ship-to location, you are responsible for sales and other taxes associated with the order.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. We will notify you once the product is ready for shipment.
We partner with FedEx, USPS, and DHL to ship packages. You’ll receive a shipping confirmation e-mail that will confirm which carrier was used for your products. Shipping dates are only estimates.
Please read our Return Policy.
All software is provided subject to the license agreement that is part of the package you receive with the product from Tracktivity. You agree to be bound by the license agreement once the package is opened or its seal is broken. Tracktivity does not warrant any software under this Agreement.
We continually upgrade and revise the products and service offerings on our website. We may revise and discontinue products at any time without prior notice to customers. We will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible.
You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production, or use of nuclear weapons, materials, facilities, missiles, or the support of missile projects, and chemical or biological weapons.
You agree not to provide any written regulatory certifications or notifications on behalf of Tracktivity.
WARRANTY AND SERVICE FOR PRODUCTS SOLD BY TRACKTIVITY, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY TRACKTIVITY. TRACKTIVITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN TRACKTIVITY’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND TRACKTIVITY WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON TRACKTIVITY’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
TRACKTIVITY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS BEING USED IMPROPERLY, NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. TRACKTIVITY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, TRACKTIVITY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
Updated on Dec 1, 2020
We currently only support shipping to the United States and Canada. We are unable to offer international shipping at this time.
We strive to ship your order within 48 hours after receipt of payment. Despite our best efforts, inventory, shipping and other matters beyond of our control occasionally hold up an order. For this reason, any statements regarding average shipping times should not to be viewed as a guarantee that a product will ship on a specific day.
Orders are processed Monday through Friday. The tracking number will be sent via email as soon as the products left our warehouse. We do not ship to P.O. boxes or any military or diplomatic addresses (APO / FDO / DPO).
The shipping, handling and processing charges include, but are not limited to, handling and processing your order, packaging and shipping your purchases, providing you with customer service and support, as well as covering overhead costs associated with these services.
When we ship your order, you will receive your shipping information/Tracking Number automatically via email. The day you receive your shipping confirmation is the day your order is physically shipped. If estimated shipping times are delayed or change in any way we will contact you through email.
If you are not 100% satisfied with your order, you can return your purchase(s) made at Tracktivity.com within 14 (fourteen) days from receipt.
If you decide to return item(s) from your order that is(are) defective and within the product warranty period, or an item that does not correspond to what you ordered, Tracktivity will cover the shipping cost. Otherwise, you, the customer, are responsible for covering the cost of shipping the items back to us.
In order to be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, with its included accessories and in its original packaging. You’ll also need to attach the receipt or proof of purchase.
To start a return, you can contact us using the chat tool on this website or by email to firstname.lastname@example.org. If your return is accepted, we’ll send you a return shipping label, as well as for instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Unfortunately, we cannot accept returns on sale items or gift cards.
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. Once approved, a refund is initiated immediately. Refunds will be sent to the card-issuing bank within five business days of receipt of the returned item or cancellation request. Please contact the card-issuing bank with questions about when the credit will be posted to your account.
We cannot refund products: