Keeler QIK Terms of Use

By accessing or using the SmartTrack website, the SmartTrack service, or any SmartTrack applications including the Keeler QIK application and/or Keeler QIK mobile applications made available by SmartTrack (together, the “Service“), however accessed, you agree to be bound by these terms of use (“Terms of Use“). The Service is owned or controlled by SmartTrack L.L.C. (“SmartTrack”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SMARTTRACK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BASIC TERMS

You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, SmartTrack prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to SmartTrack upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other SmartTrack users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and you must not share private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit to or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or SmartTrack.
You must not create or submit unwanted email or other forms of commercial or harassing communications (a/k/a “spam”) to any SmartTrack users.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SmartTrackpage is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other SmartTrack terms.
Violation of these Terms of Use may, at SmartTrack’s sole discretion, result in termination of your SmartTrack account. You understand and agree that SmartTrack cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for SmartTrack or Keeler USA, we can stop providing all or part of the Service to you.

GENERAL CONDITIONS

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your activity and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms“) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that neither SmartTrack nor Keeler USA is responsible or liable for the conduct of any user. SmartTrack reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. SmartTrack does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that SmartTrack and Keeler USA are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if SmartTrack has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the SmartTrack Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and assets (except as may be the result of standard search engine protocols or technologies used by a search engine with SmartTrack’s express consent).

RIGHTS

SmartTrack does not claim ownership of any Content that you submit to or through the Service. Instead, you hereby grant to SmartTrack a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you submit to or through the Service, subject to the Service’s Privacy Policy, available here https://keelerqik.gosmarttrack.com/privacy, including but not limited to sections 3 (“Sharing of Your Information”), 4 (“How We Store And Process Your Information”), and 5 (“Your Choices About Your Information”). You can choose who can view your Content and activities, including your assets, as described in the Privacy Policy.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SmartTrack may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content submitted by you to or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the submission and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you submit to or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
The Service contains content owned or licensed by SmartTrack (“SmartTrack Content”). SmartTrack Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SmartTrack, SmartTrack owns and retains all rights in the SmartTrack Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SmartTrack Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the SmartTrack Content.
The SmartTrack name and logo are trademarks of SmartTrack , and may not be copied, imitated or used, in whole or in part, without the prior written permission of SmartTrack . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SmartTrack , and may not be copied, imitated or used, in whole or in part, without prior written permission from SmartTrack .
Although it is SmartTrack’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SmartTrack reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by SmartTrack, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, SmartTrack encourages you to maintain your own backup of your Content. In other words, SmartTrack is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. SmartTrack will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that SmartTrack is not responsible for, and does not endorse, Content posted within the Service. SmartTrack does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Service’s Privacy Policy, available at https://keelerqik.gosmarttrack.com/privacy, as between you and SmartTrack, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with SmartTrack is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SmartTrack in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of SmartTrack, and SmartTrack will not be liable for any use or disclosure of any Content you provide.
It is SmartTrack’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, SmartTrack does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that SmartTrack is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS

We respect other people’s rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. To contact us regarding IP violations, send an email to support@gosmarttrack.com.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, SMARTTRACK CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SMARTTRACK NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SMARTTRACK PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SMARTTRACK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SMARTTRACK OR VIA THE SERVICE. IN ADDITION, THE SMARTTRACK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SMARTTRACK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SMARTTRACK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SMARTTRACK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SMARTTRACK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE SMARTTRACK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE SMARTTRACK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SMARTTRACK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SMARTTRACK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SMARTTRACK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SMARTTRACK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SMARTTRACK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SMARTTRACK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SMARTTRACK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SMARTTRACK PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

SMARTTRACK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at SmartTrack’s request), indemnify and hold the SmartTrack Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by SmartTrack in the defense of any claim. SmartTrack reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SmartTrack.

ARBITRATION

Except if you opt-out or for disputes relating to: (1) your or SmartTrack’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and SmartTrack (whether or not such dispute involves a third party) with regard to your relationship with SmartTrack, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and SmartTrack hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor SmartTrack will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if SmartTrack is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either SmartTrack or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor SmartTrack can require the other to participate in an arbitration proceeding. To opt out, you must notify SmartTrack in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

SmartTrack L.L.C. ATTN: Arbitration Opt-out 60 Haverford Road, Ardmore, PA 19003

You must include your name and residence address, the email address you use for your SmartTrack account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with SmartTrack.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with SmartTrack must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW AND VENUE

These Terms of Use are governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with SmartTrack exclusively in a state or federal court located in Raleigh, North Carolina, and to submit to the personal jurisdiction of the courts located in Wake County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. SmartTrack’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. SmartTrack reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SmartTrack.

ENTIRE AGREEMENT

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and SmartTrack and governs your use of the Service, superseding any prior agreements between you and SmartTrack. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SmartTrack. Any purported assignment or delegation by you without the appropriate prior written consent of SmartTrack will be null and void. SmartTrack may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

TERRITORIAL RESTRICTIONS

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SmartTrack to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SmartTrack provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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 any software related to the Service, 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.

The effective date of these Terms of Use is December 18, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

To learn more, drop us a line – hello@gosmarttrack.com

Updated August 9, 2020

BASIC TERMS

You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, SmartTrack prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to SmartTrack upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other SmartTrack users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and you must not share private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit to or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or SmartTrack.
You must not create or submit unwanted email or other forms of commercial or harassing communications (a/k/a “spam”) to any SmartTrack users.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SmartTrackpage is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other SmartTrack terms.
Violation of these Terms of Use may, at SmartTrack’s sole discretion, result in termination of your SmartTrack account. You understand and agree that SmartTrack cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for SmartTrack or Keeler USA, we can stop providing all or part of the Service to you.

GENERAL CONDITIONS

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your activity and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms“) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that neither SmartTrack nor Keeler USA is responsible or liable for the conduct of any user. SmartTrack reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. SmartTrack does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that SmartTrack and Keeler USA are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if SmartTrack has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the SmartTrack Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and assets (except as may be the result of standard search engine protocols or technologies used by a search engine with SmartTrack’s express consent).

RIGHTS

SmartTrack does not claim ownership of any Content that you submit to or through the Service. Instead, you hereby grant to SmartTrack a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you submit to or through the Service, subject to the Service’s Privacy Policy, available here https://keelerqik.gosmarttrack.com/privacy, including but not limited to sections 3 (“Sharing of Your Information”), 4 (“How We Store And Process Your Information”), and 5 (“Your Choices About Your Information”). You can choose who can view your Content and activities, including your assets, as described in the Privacy Policy.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SmartTrack may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content submitted by you to or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the submission and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you submit to or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
The Service contains content owned or licensed by SmartTrack (“SmartTrack Content”). SmartTrack Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SmartTrack, SmartTrack owns and retains all rights in the SmartTrack Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SmartTrack Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the SmartTrack Content.
The SmartTrack name and logo are trademarks of SmartTrack , and may not be copied, imitated or used, in whole or in part, without the prior written permission of SmartTrack . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SmartTrack , and may not be copied, imitated or used, in whole or in part, without prior written permission from SmartTrack .
Although it is SmartTrack’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SmartTrack reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by SmartTrack, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, SmartTrack encourages you to maintain your own backup of your Content. In other words, SmartTrack is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. SmartTrack will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that SmartTrack is not responsible for, and does not endorse, Content posted within the Service. SmartTrack does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Service’s Privacy Policy, available at https://keelerqik.gosmarttrack.com/privacy, as between you and SmartTrack, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with SmartTrack is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SmartTrack in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of SmartTrack, and SmartTrack will not be liable for any use or disclosure of any Content you provide.
It is SmartTrack’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, SmartTrack does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that SmartTrack is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS

We respect other people’s rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. To contact us regarding IP violations, send an email to support@gosmarttrack.com.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

DISCLAIMER OF WARRANTIES

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

LIMITATION OF LIABILITY; WAIVER

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

INDEMNIFICATION

ARBITRATION

SmartTrack L.L.C. ATTN: Arbitration Opt-out 60 Haverford Road, Ardmore, PA 19003

You must include your name and residence address, the email address you use for your SmartTrack account, and a clear statement that you want to opt out of this arbitration agreement.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with SmartTrack must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW AND VENUE

ENTIRE AGREEMENT

TERRITORIAL RESTRICTIONS

To learn more, drop us a line – hello@gosmarttrack.com

Updated August 9, 2020

Keeler QIK Billing Terms of Use

Free or Paid Trials

If you receive a free or paid trial subscription for any of the Keeler QIK services (“Services”), you will receive access to that Service for the duration of the free or paid trial period (“Trial Period”). If you cancel the subscription during the Trial Period, you will not be billed further. If you do not cancel during the Trial Period, you will be billed at the end of the Trial Period for the first period of the subscription that you purchase at prevailing rates, which will commence at the end of the Trial Period. Access to trials may be limited to a certain number of trials for each user during a given period. To avoid any charges, you must cancel BEFORE the end of the Trial Period; for more information on canceling subscriptions, see the section titled “Subscriptions”.

Subscriptions

Auto-recurring subscriptions to Services (whether monthly, annually or any other billing cycle) renew automatically, unless you cancel the subscription BEFORE the end of the applicable billing cycle period (“Billing Cycle Period”). The auto-subscription holder is responsible for tracking and managing their respective auto-subscription billing and renewal cycles.

If you purchase an auto-recurring periodic subscription to Keeler QIK, you may cancel that subscription in accordance with this Section at any time BEFORE the end of the applicable Billing Cycle Period, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You WILL NOT receive a refund or a partial refund for the current billing period subscription, whether on a monthly or annual billing cycle.

The only acceptable method for you to cancel your subscription(s) is to contact Keeler USA customer service at diagnostics@keelerusa.com. Cancellations are only effective upon receipt of a cancellation email confirmation from Keeler USA.

Pricing & Changes

Keeler USA displays the current Services plan and the pricing for the different Service plan levels on the Keeler USA website at www.keelerusa.com/qik/plans-and-pricing.

Users of the Services can purchase single-site or multi-site subscription plans, allowing you to access those portions of the Services described under each plan. You will be charged a subscription fee for the use of these Services. Keeler USA reserves the right to change the fees at any time, upon email notification to you. Any change in Services pricing will apply to payment for the next subscription billing cycle after the notice, provided that you have been given at least 10 days’ prior notice before the renewal date for the next billing cycle. If the notification is provided less than 10 days prior to the renewal date for the next billing cycle, then the price increase will not apply until the payment after the next payment due.

By registering for an Account, you agree to pay Keeler USA the fees for the Services applicable to the account level chosen. For any upgrade or downgrade in subscription plan level, the credit card that you provided will automatically be charged at the new rate immediately. We may suspend or cancel the license or Services if we do not receive an on-time, full payment from you. Suspension or cancelation of the Services for nonpayment could result in a loss of access to and use of your Account.

All Accounts are set up on a prepay basis. Payment must be received by Company before any Services are activated unless the account is operating under a free trial period. All payments for Services must be paid by credit card.

Your Billing Account

To pay the charges for the Services, you will be asked to provide credit card information at the time you sign up for the Service. Customers are responsible for keeping all credit card information current. All changes to credit card information must be communicated to Keeler USA including changes to credit card type and expiration date, as well as a current email address. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your credit card information that you submit to Keeler USA.

All recurring charges are automatically generated, invoiced, and charged to the credit card on file according to the Subscription Plan (monthly or yearly charges). Charges are based on availability of (not usage of) the Services. Invoices and payment receipts for Service charges will only be provided to customers upon request.

Payment Authorization

By providing Keeler USA with credit card information for payments, you (i) represent that you are authorized to use the credit card that you provided and that any payment information you provide is true and accurate; and (ii) authorize Keeler USA to charge you for the Services using your credit card. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services.

Automatic Renewal

Provided that automatic renewals are allowed in your country, province, or state, Keeler USA will automatically renew your Service and charge you the then current price for the renewal term. You must cancel the Service before the renewal date to avoid being billed for the renewal.

Billing Cycle Period

Billing Cycle Periods begin when the Service is turned on, or when the Trial Period ends (if the customer has not cancelled the Service prior to the end of the Trial Period). Once a Billing Cycle Period has started, the customer is committed to the remaining term of the Billing Cycle Period and no refunds will be given even if the Services are not used for any portion of the Billing Cycle Period. Credit cards are automatically charged on the customer’s specific billing cycle date. If the credit card is declined, service will be suspended until billing issues are resolved and payment for the Billing Cycle Period have been received.

Payment Methods

Keeler USA only accepts payments via credit cards. The Company currently accepts American Express, MasterCard, Discover, and Visa credit cards.

Service Cancellations

Cancellation Policy

As a Keeler USA customer, you have the ability to cancel your account at any time without any termination charges or fees. You will not receive a refund for payments for any Billing Cycle Periods that have already started. Keeler USA will not prorate any previously received payments for unused Service and all outstanding invoices must be paid in full. By using Keeler QIK, each customer understands and agrees to this cancellation policy and understands that while no refunds will be issued, customers can cancel auto-renewals for future Billing Cycle Periods and can keep their accounts open for access to Services for the full amount of time previously billed. Once cancelled, your subscription for Services will terminate at the end of the latest monthly billing period for which you have previously been charged and no further charges will be applied to your account.

Service Deactivations

We reserve the right to deactivate your access to the Service for your failure to pay applicable fees, including payment plans, or for violations of these Terms and Conditions. If you provide us with a credit card that expires during the term of these Terms and Conditions, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Keeler USA in the event of any refusal of your credit card issuer to pay any amount to Keeler USA for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Keeler USA may immediately suspend or terminate your access to any or all of the Services.

1. Refunds

Subscriptions

All recurring subscription fees for Keeler QIK are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrades/downgrades, violations of these Terms and Conditions, or for months of unused service.

Billing Disputes

As a current or prior customer of Company, each customer agrees to provide Company thirty days to attempt settlement of any billing dispute before disputing with any third party, credit card company or bank. Company must be the first option in billing disputes. Should Company receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on the customer’s behalf before Company has been given a chance to resolve the issue, Company has the right to collect on the rendered services and any fees associated with those disputes.

Not all billing disputes may be settled to a customer’s satisfaction. Once Company has been given first right to settle a billing dispute, a customer may then use any third party, Credit Card Company, or bank in an attempt to settle the dispute. However, Company still retains the right to collect on any rendered services or fees that are due. Should Company be unable to reverse any disputed amounts with a third party, credit-card company, or bank, Company will submit the full delinquent amount to a third-party collection service and all access to content and services will be restricted

1. Payment Processing and Taxes

Keeler USA may add or remove payment-processing methods at its sole discretion and without notice to you. You agree to pay for any Service that you order and that Keeler USA may charge your credit card for any Services ordered. You agree that you are solely responsible for all fees associated with purchases you make through the Services.

You are responsible for any sales taxes due on the purchase of the Services. If Keeler USA is obligated to collect or pay sales taxes on the sales of the Services, the taxes will be included on the invoice for the Services. If you are exempt from sales tax you will need to provide Keeler USA with a valid tax exemption certificate authorized by the appropriate taxing authority for Keeler to not tax the sales of Services on your account.

1. Keeler Terms and Conditions

As a user of the Keeler QIK Services, you agree to abide of the above billing terms of service. Additionally Keeler USA maintains a Privacy Policy (https://www.keelerusa.com/privacy-policy) and Terms and Conditions of Sales (https://www.keelerusa.com/terms-and-conditions) policies on the Keeler USA website. As a Keeler customer, these policies will apply to your commercial relationship with Keeler USA. These policies will apply in any situations not addressed in the above terms. These policies are subject to change at anytime and can be updated on the Keeler USA website without notice to existing Keeler USA customers.

QIK App Privacy Policy

KeelerUSA provides a fast, easy-to-use, and powerful platform to capture, store, and manage assets for clinics and healthcare providers.

Our Privacy Policy explains how we collect, use, share and protect information in relation to our Qik application’s mobile services and web site (collectively, the “Service“), and your choices about the collection and use of your information.
By using our Service you understand and agree that we are providing a platform for you to scan, store, and manage content (“User Content“), on the Service. This means that other Users on your account may see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at https://keelerqik.gosmarttrack.com/terms).
Our Policy applies to all visitors, users, and others who access the Service (“Users“).

1. INFORMATION WE COLLECT

We collect the following types of information.

Information You Provide Us Directly

Your username, password, e-mail address, and phone number when you register for a KeelerUSA account on web or mobile platform. Please understand that you must be a KeelerUSA customer to utilize the Qik Services. If you download or access the Qik application and are not an existing customer or authorized user, you will not be able to utilize the Services, and we may contact you about your interest in the Services.
Profile information that you provide for your user profile (e.g., first and last name, picture).
Information relating to your clinic or company (e.g. location, name).
Information relating to employees of your clinic or business (first and last names, email addresses).
User Content that you post to the Service, including your clinic’s or company’s inventory details.
Orders and transactions you complete through the Services, including items you consider or purchase and your billing information.
Communications between you and KeelerUSA or Keeler. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.

Analytics Information

We use analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Cookies and Similar Technologies

When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use KeelerUSA and provide features to you.

Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities on our Service. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Users of our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function.

Pixels, web beacons, or clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, pixels clear GIFs are embedded invisibly on web or mobile application pages. We may use pixels, in connection with our Services to, among other things, track the activities of Services users, help us manage content, and compile statistics about usage of our Services. We and our service providers also use pixels in HTML emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Currently, our systems do not recognize web browser “do-not-track” requests.

Log File Information

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device Identifiers and Device Data

When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by KeelerUSA.
A device identifier may deliver information to us or to a third-party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
When you use certain features within the Services, with your permission, we may access data stored on your device or certain tools on your device. For example, to allow you to scan items into or from your clinic’s or company’s inventory, the Services will access your device’s camera or the photos stored on the device you access the Services from (e.g., photos of items to enter into your clinic’s inventory).

2. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

help you efficiently access your information after you sign in
remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
provide our Services to you, to communicate with you about your use of the Services, to fulfill your requests and orders, and for other customer service purposes
provide personalized content and information to you and others, which could include online ads or other forms of marketing
send you marketing communications about KeelerUSA’s and our Affiliates’ products and services
offer you products and services based on your clinic’s or company’s inventory or purchasing history;
administer surveys and questionnaires, such as to evaluate user engagement, for market research, or user satisfaction purposes
improve, test, and monitor the effectiveness of our Service
develop and test new products and features
monitor metrics such as total number of visitors, traffic, and demographic patterns
diagnose or fix technology problems
automatically update the Qik application on your device
create aggregated, anonymized, pseudonymized or de-identified data sets. We may use such data sets for research, product and services improvement and development, marketing, advertising, trend analysis and other purposes
comply with legal obligations and act in accordance with legal authorizations, as part of our general business operations, and for other business administration purposes, including to comply with our legal and regulatory requirements, authenticating your identity, maintaining user and customer records, to monitor your compliance with your agreements with us, to collect debts owed to us, to safeguard our business interests, and to manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition, merger or ‎‎reorganization, as described below
investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or property, or violations of this privacy policy, or any other agreement you have entered into with us, including any applicable terms of use

SHARING OF YOUR INFORMATION

We may share your information, including personal information, as follows:

Parties With Whom We May Share Your Information

We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with legal entities that are legally part of the same group of companies that KeelerUSA is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).
We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you, including advertisements about our own products and services.
We may remove parts of data that can identify you and share de-identified, pseudonymized, or anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties With Whom You May Choose to Share Your User Content

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to other users on your clinic or company’s Qik account.

What Happens in the Event of a Change of Control

If we sell or otherwise transfer part or the whole of KeelerUSA or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, asset sale, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service or otherwise may be among the items sold or transferred.

Responding to Legal Requests and Preventing Harm

We may access, preserve and share your information in response to a legal or law enforcement request (like a search warrant, court order or subpoena). This may include responding to legal requests from jurisdictions outside of the United States. We may also access, preserve and share information to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

4. HOW WE STORE AND PROCESS YOUR INFORMATION

Your information collected through the Service may be stored and processed in the United States or any other country in which KeelerUSA, its Affiliates or Service Providers maintain facilities.
KeelerUSA, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which KeelerUSA, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, KeelerUSA cannot ensure the security of any information you transmit to KeelerUSA or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and KeelerUSA, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.

YOUR CHOICES ABOUT YOUR INFORMATION

Your Account Information and Profile/Privacy Settings

Update your account at any time by logging in and changing your profile settings.
Unsubscribe from promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

How Long We Keep Your User Content

Following termination or deactivation of your account, KeelerUSA, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time.

6. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Services, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content, you do so at your own risk.

7. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please email our team at [insert contact email] .

8. CHANGES TO OUR PRIVACY POLICY

KeelerUSA may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of KeelerUSA or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.