Privacy Policy

Last Updated:   July 12, 2017

NatureTrak, LLC (“NatureTrak”, we” or “us”) takes your privacy seriously.  We recognize that privacy is an important issue, so we design and operate our website, mobile applications and related services with the protection of your privacy in mind.  This Privacy Policy (this “Privacy Policy”) describes the collection of your personal information from our website located at www.NatureTrak.com, our mobile applications and our related services (collectively, the “Services”).  This Privacy Policy also describes our use and disclosure of such information.  By accessing the Services you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy.

We may change this Privacy Policy at any time. We will notify you of these changes through the Services.  Your continued use of the Services after any changes to this Privacy Policy are posted will be considered your acceptance of such changes.
The term “Personal Information” as used in this Privacy Policy refers to personally identifiable information that specifically identifies an individual (such as an individual’s first and last name, address, telephone number, e- mail address, credit card or other account number), and information about that individual or such individual’s activities or preferences when such information is directly linked to personally identifying information.  Personal information does not include aggregated information or other non-personally identifiable information.  Aggregate information is data we collect about a group or category of users that is not personally identifiable or from which individual identities are removed and combined with others.  We may collect, use and disclose aggregate information, and other non-personally identifiable information, for various purposes.

How We Collect Personal Information.


We collect Personal Information from you in the following ways.

Via Registration.  We collect the Personal Information you provide to us when you register for an account on the Services.

Via Correspondence.  If you contact us by e-mail, using a chat box or contact form on the Services, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.

Via E-mail Newsletters.  We may offer e-mail newsletters from time to time on the Services.  If you sign up to receive a newsletter from us, we collect your e-mail address.

Via User Profiles.  The Services may give you the ability to create and update a user profile. If we offer user profile functionality on the Services, we will collect the Personal Information that you provide to us in the course of creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, and related demographic information about you. We may indicate that some personal information is required to create the profile, while some is optional.

Via Interactive Services Features.  The Services may contain interactive functionality that allows you to engage with other users on the Services, to post reviews or comments to forums, to upload content, to participate in surveys via the Services or e-mail and otherwise to interact with the Services and with other users.  If you use any interactive functionality on the Services that requests or permits you to provide us with Personal Information (including, for example, any features that allow you to upload content), we collect the Personal Information that you provide to us in the course of using these interactive features.

Via Contests and Sweepstakes.  We or our business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on the Services.  Certain of these promotions may be co-branded with one of our business partners. In these instances, the collection of your Personal Information may occur directly by the business partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such Personal Information.

Via Passive Means Through the Services and Correspondence.  When you access the Services, some information is collected automatically. For example, when you access the Services we may automatically collect (a) your browser’s Internet Protocol (IP) address, (b) your browser type, (c) the nature of the device from which you are accessing the Services (e.g., a personal computer or a mobile device), (d) the identifier for any handheld or mobile device that you may be using, (e) the website that you accessed immediately prior to accessing the Services, (f) the actions you take through the Services, and (g) the content, features, and activities that you access or use through the Services.  We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.  We may collect this information passively using technologies such as standard server logs, cookies and clear GIFs (also known as “web beacons”).  We may use information passively-collected from the Services to administer, operate and improve the Services and our other programs, services, products, websites and other systems, to improve the effectiveness of advertising on the Services and to provide advertisements and other content and an experience on the Services that is tailored to you.  If we link or associate any information gathered through passive means from the Services with your Personal Information, or if applicable laws require us to treat any information gathered through passive means from the Services as Personal Information, we treat the combined information as Personal Information under this Privacy Policy.  Otherwise, we use and disclose information collected by passive means from the Services in aggregate form or otherwise in a non-personally identifiable form.  Also, please be aware that third parties, such as companies displaying advertisements on the Services, may set cookies on your computer or mobile device or use other means of passively collecting information about your online activities over time and across different websites. We do not have access to, or control over, these third-party means of passive data collection.  The Services does not support browser do not track signals.  

Via Other Sources.  We may receive information about you, including Personal Information, from third parties, and we may combine this information with other Personal Information we maintain about you. If we do so, this Privacy Policy governs any combined information that we maintain in personally identifiable format.

How We Use Personal Information


We use Personal Information (a) to provide and pay for the services and other products that you request, (b) to enhance, improve, operate, and maintain our Services and other systems, (c) to prevent fraudulent use of Services and other systems, (d) to prevent or take action against activities that are, or may be, in violation of our Terms of Service or applicable law, (e) to tailor advertisements, content and other aspects of your experience on and in connection with the Services, (f) to maintain a record of our dealings with you, (g) for other administrative purposes and (h) for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.

We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Updating Your Information and Contact Preferences” section below.

How We Disclose Personal Information to Third Parties


Except as described in this Privacy Policy, we do not disclose or transfer Personal Information about you to any third party unless we have your express permission.

Providing the Services.  We provide your Personal Information to other users of the Services in connection with their use of the Services.

Protecting our Interests.  We disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of the Services and other users of the Services.
Corporate Affiliates, Service Providers and Business Transfers.  NatureTrak may disclose or transfer your Personal Information (a) to its corporate affiliates (for example, a subsidiary or parent corporation), (b) to its service providers (like fulfillment, hosting, or payment service providers), but only for their use to provide the requested service or (c) to an acquirer or a successor or an assignee as part of any merger, acquisition, debt financing, sale of company assets or similar transaction, as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.  NatureTrak requires its corporate affiliates that receive your Personal Information to limit their use and disclosure of your Personal Information in accordance with this Privacy Policy.  NatureTrak requires each of its service providers to agree to maintain the confidentiality of your Personal Information disclosed or transferred by NatureTrak to any such services provider.

Public Areas.  You should be aware that any information you provide in forums or other non-private areas of the Services may be read, collected and used by others who access these areas, and this information is not Personal Information for the purposes of this Privacy Policy. To request removal of your Personal Information from these areas, please contact us.  In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Updating Your Information and Contact Preferences


You may update some of the information you provide to us as follows:

Your Information:  If you have an account on the Services, we provide mechanisms for you to review and update certain Personal Information you provided to us to obtain your account by logging into your account on the Services.

Your Contact Preferences:  If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at privacy@NatureTrak.com.  Additionally, if you have a user account on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.  You may also opt-out from allowing us to share your Personal Information with third parties for their marketing or promotional use by sending your request to us by email at privacy@NatureTrak.com.  Please be aware that if you opt-out of receiving commercial e-mail from us or allowing us to share your Personal Information with third-party organizations for their marketing or promotional use, it may take up to 10 business days from the time that we receive your request for us to process your opt-out request, and you may receive commercial e-mail from us during that period.  Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding your use of the Services.

Third-Party Websites and Services


When you access the Services, you may have the opportunity to access other websites and services not operated by us (“Third Party Services”).  Third Party Services may also collect Personal Information about you.  You should review the privacy policy for such Third Party Services, as this Privacy Policy does not apply to your activities or any information you disclose while using such Third-Party Services.  We are not responsible for Third Party Services, including without limitation their privacy policies.  Our linking to Third Party Services or otherwise making Third Party Services available to you does not constitute our sponsorship of, or affiliation with, such Third Party Services.

How We Protect Your Personal Information


NatureTrak uses reasonable efforts to protect your Personal Information against unauthorized access and unauthorized alteration, disclosure or destruction. However, we cannot guarantee that your Personal Information will be absolutely protected.  For example, your Personal Information may be affected by actions outside of our control, such as computer “hacking” and physical theft.  You acknowledge that you provide your Personal Information at your own risk.

Child-Specific Terms


NatureTrak understands that children’s privacy is important. The Services is not intended for use by children under 13 years of age, and we do not knowingly collect any Personal Information from children under the age of 13 without obtaining parental consent.  If you are under 13 years of age, please do not submit any Personal Information to NatureTrak.  If we learn that we have collected Personal Information from a child under the age of 13 on the Services without parental consent, we will delete such Personal Information as quickly as possible.  If you believe that we may have collected any such Personal Information on the Services, please notify us at privacy@NatureTrak.com.

International Visitors


Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing.  By providing your Personal Information to us through your use of the Services, you agree to that transfer, storage and processing in the U.S.  Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests and operating the Services.  You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.

Contact Us


If you have any questions or suggestions regarding this Privacy Policy, please contact us at privacy@NatureTrak.com.

Terms of Service

Last Updated:  February 5, 2018

NatureTrak, LLC (“NatureTrak”, “we” or “us”) provides universal license verification services for the agricultural industry through its website www.NatureTrak.com and mobile applications that enable a user to verify that other users of the services with whom the user may transact business are licensed under specified laws and regulations applicable to the growing, testing, transportation, distribution, manufacture, packaging, sale and consumption of agricultural and related products (the “Services”).

When you access or use the Services you agree to these Terms of Service. If you are accessing or using the Services on behalf of a legal entity, you represent and warrant that you are authorized to accept these Terms of Service on the entity’s behalf and that the entity will be responsible to NatureTrak if you or the entity violates these Terms of Service. If you have a separate written agreement with NatureTrak, that agreement will prevail in the event of any conflict between these Terms of Service and your written agreement.

We may, in our discretion, change the provisions of these Terms of Service, add, remove or change the features or services we offer or the fees (including the amount and type of fees) we charge at any time. We will notify you of these changes through the Services. Your continued use of the Services after any changes to these Terms of Service are posted will be considered your acceptance of such changes.

If you have any questions, comments, concerns, complaints or claims with respect to the Services or other users of the Services, please contact us as indicated below. We will investigate and attempt to resolve the matter. Our contact information by email is support@NatureTrak.com.

Table of Contents

1.  Account Registration2.  Subscription Fees, Payment and Taxes3.  Auto-renewal4.  Cancellation5.  User Conduct6.  Posted Content7.  Procedure for Making Claims of Intellectual Property Infringement8.  Third Party Websites9.  Liability Release10.  Indemnity11.  Assignment12.  Notices13.  Disclaimer of Warranties14.  Limitation of Liability15.  Governing Law16.  Dispute Resolution; Arbitration17.  Privacy Policy18.  Miscellaneous19.  Entire Agreement

1.  Account Registration.  You must be at least 18 years of age or a duly established legal entity to access and use the Services. To access the Services, you must first register for an account and create a user profile. During the account registration process, you may be required to agree to additional terms of service governing certain aspects of the Services. All information that you provide in connection with your account and profile must be complete and accurate. You agree to maintain the security of your account, including the password used to access your account, and will promptly notify us if you discover or suspect there has been a security breach with respect to your account. You also agree to keep your account and profile information current. By registering for an account, you accept all risks of unauthorized access to the account. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Services if you at any time provide inaccurate or misleading information in connection with your account, profile or use of the Services.

2.  Subscription Fees, Payment and Taxes.  Your access and use of the Services is subject to payment of applicable subscription fees as provided at www.NatureTrak.com/pricing, either by you, or if you are employed by an entity user, by such entity user on your behalf. When you purchase a subscription to the Services, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Fees charged by us that are associated with the use of the Services are exclusive of any taxes, duties, fees or other amounts assessed or imposed by any governmental authority (collectively, “Taxes”), other than Taxes imposed on our net income. You agree to pay or reimburse us for any such Taxes as part of your payment of the subscription fee or provide us with evidence of your exemption from the payment of Taxes.

3.  Auto-renewal and Cancellation.  Each subscription automatically renews at the expiration of its then-current annual term for another annual period. Each subscription will renew at the subscription rate in effect at the time of renewal. You are responsible for all renewal charges incurred prior to the cancellation of your subscription. When your subscription renews, you authorize us to charge your Payment Method for the renewal. To help ensure your subscription is not interrupted, we may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This procedure will continue until we are notified that your Payment Method account is no longer valid.

4.  Cancellation.  You may not cancel your subscription prior to the end of the then current initial or renewal term. However, you may cancel the auto-renewal feature of your subscription by logging into your account and opting out of auto renew or by emailing us at support@NatureTrak.com. To be effective with respect to a renewal, your cancellation of the auto-renewal feature must take place at least 30 days prior to the scheduled date of the renewal.

5.  User Conduct.  All users of the Services are subject to basic rules of good conduct while using the Services. By accessing or using the Services you agree to: (i) refrain from violating applicable international, federal, state or local laws, regulations or ordinances (collectively, “Applicable Laws”); (ii) refrain from using the Services to send unsolicited emails, bulk mail, spam or other materials to other users of the Services or any other individual; (iii) refrain from using the Services to harass, threaten, stalk or abuse other users of the Services; (iv) refrain from interfering with the use of the Services by other users; (v) refrain from using the Services to invade the privacy of others, or to collect or use an individual’s personal information for purposes unrelated to your use of the Services for their intended purposes, (vi) refrain from using the Services to gain or attempt to gain unauthorized access to other computer systems via the Services; (vii) refrain from using the Services to create a false identity or to impersonate another person; and (viii) refrain from using the Services to advertise Internet sites or services which are competitive to the NatureTrak Services. The foregoing rules set the minimum level of conduct that we expect. We also ask that you use common sense and be considerate towards other users. We reserve the right, in our sole discretion, to limit, suspend or terminate your right to use the Services if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive

6.  Posted Content.

(a)  As part of your use of the Services, you may be permitted to upload, post, distribute or disseminate (collectively, “post”) images, videos, files, data, information and other content and material (collectively, the “Posted Content”). You hereby grant NatureTrak an irrevocable, non exclusive, transferable, royalty-free worldwide right (including any moral rights) and license to use the Posted Content (i) to provide the Services, (ii) to promote and advertise the Services through social media and otherwise and (iii) as part of NatureTrak Services, to the extent such Posted Content constitutes feedback or suggestions on how to improve the NatureTrak Services. In connection with these activities, you agree that NatureTrak has the right to copy, cache, modify, publish, display, distribute, sublicense, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above.

(b)  You acknowledge and agree that you are solely responsible for the form, content and accuracy of your Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to: (i) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (ii) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (iii) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (iv) post any material that is unlawful, obscene, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (v) post any chain letter or pyramid scheme; or (vi) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

(c)  NatureTrak does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content that is posted by other users will be at your own risk.

(d)  While we exercise a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse of your Posted Content does occur, you hereby release NatureTrak and its directors, officers, employees and contractors from any and all liability in connection therewith.

(e)  NatureTrak acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If we become aware of any Posted Content that allegedly may not conform to these Terms of Service, we may investigate the allegation and determine in our sole discretion whether to take action in accordance with these Terms of Service. NatureTrak has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Services. We have the absolute right in our sole discretion to remove or delete without notice any Posted Content that we deems objectionable. You consent to such removal or deletion and waive any claim against us for such removal or deletion.

7. Procedure for Making Claims of Intellectual Property Infringement.

(a)  NatureTrak respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. NatureTrak asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services. If you believe that any Posted Content made available on or through the Services has been used or exploited in a manner that infringes on an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to NatureTrak’s Designated Agent identified below. Your communication must include substantially the following: (i) a description of the copyrighted work that you claim has been infringed, (ii) a description of where the alleged infringing material is located on the Services, (iii) your address, telephone number and email address, (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature. You should consult with your own attorney to confirm your obligations to provide a valid notice of claimed infringement under the appropriate federal law. NatureTrak’s Designated Agent for notices of claimed infringement can be contacted by email at support@NatureTrak.com.

(b)  If you receive a notification from NatureTrak that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide NatureTrak with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to NatureTrak’ Designated Agent as provided above, and include substantially the following information: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, (ii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, (iii) your name, address, and telephone number, (iv) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which NatureTrak may be found, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person and (v) your physical or electronic signature.
(c)  NatureTrak reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent. Any other comments, compliments, complaints or suggestions about NatureTrak, the operation of the Services or any other matter should be sent to support@NatureTrak.com.

8.  Third Party Websites.  Users of the Services may have the opportunity to access other websites and services not operated by us (“Third Party Services”). Third Party Services are not within the supervision or control of NatureTrak. Our linking to Third Party Services or otherwise making Third Party Services available to you does not constitute our sponsorship of, or affiliation with, such Third Party Services. NatureTrak makes no representation or warranty regarding any Third Party Services. NatureTrak has not taken any steps to confirm the accuracy or reliability of any Third Party Services and disclaims all responsibility and liability therefor. NatureTrak does not make any representation or warranty as to the security of any information (including, without limitation, credit card and other personal information) Third Party Services may request, and you hereby irrevocably waive any claim against NatureTrak and its directors, officers, employees and contractors.

9.  Liability Release.  NatureTrak only provides a platform for agricultural license verification services. Your use of the Services and your interaction or dealings with other users arising out of your use of the Services is at your sole risk. NatureTrak is not a party to any transaction between you and other users of the Services. NatureTrak has no control over and is not responsible for the truth or accuracy of any information provided by users of the Services or the quality, safety or legality of any product or service sold or provided by users of the Services. NatureTrak is not responsible or liable for any act, error, omission, breach or negligence of any other user of the Services and you hereby release NatureTrak and its directors, officers, employees and contractors from any and all liability in connection therewith.

10.  Indemnity.  You agree to indemnify, defend and hold harmless NatureTrak and its directors, officers, employees and contractors from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Services or any material you submit, download, post or transmit through the Services; (ii) your breach of these Terms of Service or any of the policies or guidelines governing the Services or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any Applicable Law or any third party’s rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of these Terms of Service.

11.  Assignment.  You may not assign these Terms of Service or delegate any of your obligations hereunder without the prior written consent of NatureTrak. Subject to the foregoing, these Terms of Service will be binding on and will inure to the benefit of the legal representatives, successors and assigns of you and NatureTrak.

12.  Notices.  Any notice that is required or permitted by these Terms of Service shall be in writing and shall be deemed effective upon receipt. Notices to NatureTrak must be emailed to support@NatureTrak.com. Notices to you shall be emailed to the email address shown in your registration information.

13.  DISCLAIMER OF WARRANTIES.  THE SERVICES AND THE CONTENT PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. NatureTrak DOES NOT REPRESENT OR WARRANT THAT THE CONTENT PROVIDED OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED HEREIN, NatureTrak MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES OR ANY CONTENT PROVIDED ON THE SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. TO THE FULLEST EXTENT ALLOWED BY LAW, NatureTrak DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE SERVICES AND THE CONTENT PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT NatureTrak IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (I) USE OF THE SERVICES; (II) DOWNLOADING MATERIAL FROM THE SERVICES; OR (III) EMAILS SENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT NatureTrak DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

14.  LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER NatureTrak NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICES OR THE CONTENT DOWNLOADED FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (II) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (III) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICES, ERRORS OR OMISSIONS; (IV) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (V) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. THE AGGREGATE LIABILITY OF NatureTrak AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS SHALL BE LIMITED TO US $100.00 IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

15.  Governing Law.  These Terms of Service and your use of the Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict of law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or a United States District Court, Northern District of California located in Santa Clara County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution; Arbitration section below.

16.  Dispute Resolution; Arbitration.

(a)  You and NatureTrak agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and NatureTrak are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NatureTrak otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This section will survive any termination of these Terms of Service.

(b)  The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 10 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and NatureTrak otherwise agree, the arbitration will be conducted in Santa Clara County, California. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

(c)  If NatureTrak changes this section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and NatureTrak in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

17.  Privacy Policy.  Please review our Privacy Policy, available at www.NatureTrak.com/privacypolicy that governs our use of your personal information provided through the Services to which you agree and consent to be bound if you use the Services.

18.  Miscellaneous.  No failure of NatureTrak to enforce any of its rights under these Terms of Service or any of the policies or guidelines governing the Services will act as a waiver of such rights. If any portion of any provision of these Terms of Service or such other rules policies or guidelines is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Service and such other rules policies and guidelines shall remain in full force and effect. Headings used in these Terms of Services are for convenience only and have no legal or contractual significance.

19.  Entire Agreement.  These Terms of Service and the policies and guidelines governing the Services, as modified from time to time, constitute the entire agreement between you and NatureTrak with respect to the subject matter hereof. These Terms of Service replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.