Terms and Conditions
Acceptance of Terms
TRACE International, Inc. and TRACE, Inc. (collectively, “TRACE”) provides its Service (as defined below) to You through its web site located at tpms.traceinternational.org (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with this TOS, You must not accept this TOS and may not use the Service.
Description of Service
The “Service” includes (a) the Site, (b) third party risk and due diligence management system, gifts and hospitality risk management system, intermediary directory, and/or other tools and services provided or made available to You through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”).
Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions/ Access and Use of the Service
Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
TRACE’s services and products provided through the Site may contain other individuals’ personal information that is subject to strict legal protections under applicable data protection laws. You shall only access or otherwise process such personal information if you are appropriately authorized and have a need to know, to access or to otherwise process such information. You must exercise due care in safeguarding this information and take all necessary steps to prevent any loss, theft, corruption or release of this information to unauthorized persons. If you have any questions or concerns regarding these obligations, contact TRACE at DPO@traceinternational.org.
Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to TRACE. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with TRACE, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all information, data, text, messages or other materials that You post, store or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login credentials and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may request from TRACE separate logins for additional people.
We shall maintain appropriate administrative, organizational, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data to outside parties except if compelled by law or if permitted by You.
The failure of TRACE to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and TRACE, even though it is electronic and is not physically signed by You and TRACE, and it governs Your use of the Service and supersedes any inconsistent prior agreements between You and TRACE.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You must agree to the personal data processing consent set forth below.
You are responsible for maintaining the security of your username and password. TRACE cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You must not misrepresent yourself or take on the identity of someone else while using this service.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to privacy, data protection and copyright laws).
Violation of any of these commitments will result in the termination of your Account. While TRACE prohibits such conduct and Content on the Service, you understand and agree that TRACE cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND TRACE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT TRACE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM TRACE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL TRACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, TRACE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE ANNUAL FEE PAID OR PAYABLE BY YOU FOR THE YEAR PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, TRACE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This TOS shall be governed by the laws of the State of Maryland without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland for the purpose of resolving any dispute relating to Your access to or use of the Service.
Last Updated: 1-Feb-2018