Legal Terms of Use

Agreement between user and trakify.com
Welcome to trakify.com. The trakify.com website (the "Site") is comprised of various web pages operated by Trakify LLC ("Trakify"). trakify.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of trakify.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
trakify.com is a E-commerce Site
Trakify's website allows you to learn about the reports of prices of (publicly traded) securities that are generally termed "investments". You tell Trakify which of these securities you wish to learn about, (to "track"), and we look into publicly available information about securities markets, and compare what you told us about these securities with prices reported throughout that trading day.We ask you the name or symbol of the issue (security) you wish to learn about or track, and if you so choose, the number of shares or securities you wish us to use in calculations. This quantity may be the number of shares you own, or a number of shares you are studying – owning shares is not necessary.
We perform simple calculations, and display those results in a visually clear way. We check, for example, Yahoo YQL for a price (the “reported price”). The report may be delayed up to 15 minutes or vary from actual trading prices. We perform the simple calculations and show you the results. Depending on how you asked us to compare the reported price, we may send you a notification when conditions indicate such a notification is warranted.
Privacy
Your use of Site is subject to Trakify's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting trakify.com or sending emails to Trakify constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Trakify is not responsible for third party access to your account that results from theft or misappropriation of your account. Trakify and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Trakify does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use trakify.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Cancellations are prorated for the remainder of the billing cycle. Please contact [email protected] with any questions.
Links to third party sites/Third party services
trakify.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Trakify and Trakify is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Trakify is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trakify of the site or any association with its operators.
Trakify may be subject to daily thresholds for alert deliveries from third party service providers. Trakify does not have any control over these service thresholds. When a service threshold is met, subscribers may experience a temporary delay in receiving their market alerts on those third party platforms.
Certain services made available via trakify.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the trakify.com domain, you hereby acknowledge and consent that Trakify may share such information and data with any third party with whom Trakify has a contractual relationship to provide the requested product, service or functionality on behalf of trakify.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use trakify.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Trakify that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Trakify or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Trakify content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Trakify and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Trakify or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Trakify from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Trakify Content accessed through trakify.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Trakify, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Trakify reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trakify in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAKIFY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRAKIFY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAKIFY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAKIFY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAKIFY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Trakify reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Trakify as a result of this agreement or use of the Site. Trakify's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Trakify's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Trakify with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Trakify with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Trakify with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Trakify reserves the right, in its sole discretion, to change the Terms under which trakify.com is offered. The most current version of the Terms will supersede all previous versions. Trakify encourages you to periodically review the Terms to stay informed of our updates.
Effective as of April 20, 2015