These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites, SMS and email notifications, applications, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”), provided by Communitrak's system (collectively referred to as the "System"). Your access to and use of the System are conditioned on your acceptance of and compliance with these Terms. By accessing or using the System, you agree to be bound by these Terms.
You are responsible for your use of the System, for any Content you post to the System, and for any consequences thereof. Much of the Content you submit, post, or display through the Communitrak System is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. Other Content, such as personal and financial information, is transferred and stored securely by either Communitrak or Stripe, our payment processor (See "Personal & Financial Information").
You may use the System only if you can form a binding contract with Communitrak and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the System on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The System that Communitrak provides is always evolving and the form and nature of the System that Communitrak provides may change from time to time without prior notice to you. In addition, Communitrak may stop (permanently or temporarily) providing the System (or any features within the System) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The information provided by the System is intended for general informational purposes and should not be relied on as the sole basis for making decisions. Communitrak does not guarantee that the information contained and provided by the System is current, accurate, or complete. You rely on this material at your own risk. We reserve the right to change the contents of the System at any time for any reason and shall not have any obligation to update any information provided by the System. No employment, partnership, or agency of joint venture relationship exists between Communitrak and you as a result of your use of the System.
Prices quoted by the System are denominated in U.S. dollars and are valid and effective only in the United States. You are prohibited from purchasing any item from this Site with the intent to resell it. Communitrak reserves the right, in its sole discretion, to accept or decline your payment, in part or in total, even after your credit card has been charged and you receive confirmation of your order. If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.
You are responsible for safeguarding the password that you use to access the System and for any activities or actions taken using your Communitrak Account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Communitrak cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the System or endorse any opinions expressed via the System. You understand that by using the System, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Communitrak be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the System or broadcast elsewhere.
Users retain their rights to any Content submitted, posted, or displayed on or through the System. By submitting, posting, or displaying Content on or through the System, Users grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).
You represent that you own or otherwise have the legal right to the material you submit to the System. You agree to grant Communitrak a non-exclusive, irrevocable, and perpetual right to use, modify, reproduce, publish, distribute, display, and create derivative works from any material which you submit to the System. Such right shall include the right to appropriately use your name and any personal information you submit.
By using the System, you agree to be held responsible for any material you submit and indemnify Communitrak for all claims that result from your submissions. You agree that you shall be held personally liable for all orders placed or charges incurred, prior to your account being terminated. You acknowledge that you may not submit, upload, publish, or distribute through the System any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability. Further, you agree that anything you submit to the System shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right. You agree that you will not submit any material that contains a computer virus, spam, or any software or computer code designed to damage, interfere with, or mine data from the System.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Communitrak and its licensors. The System is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Communitrak name or any of the Communitrak trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Communitrak, or the System is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Communitrak gives you a personal, worldwide, non-assignable, and non-exclusive license to use the software that is provided to you by Communitrak as part of the System, per the terms of the current billing and pricing structure and your continued account payments. Your license to use the System may be revoked by us, in our sole discretion, at any time and for any reason, with or without notice.
Stripe Connected Account Agreement
Payment processing services for Communitrak are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use the Communitrak service and platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Communitrak enabling payment processing services through Stripe, you agree to provide Communitrak accurate and complete information about you and your business, and you authorize Communitrak to share it and transaction information related to your use of the payment processing services provided by Stripe.
Accounting and Tax Reporting
Communitrak is not responsible or liable for any taxes, including but not limited to income, sales, or special local taxes, on revenues generated and processed by the System on behalf of its Users. All taxes owed to the United States Government (local and federal) should be taken into account when setting the fee or charge amount and are the sole responsibility of the User. Every year, the United States IRS requires that we provide a form called a 1099-K for each account that processes more than $20,000 in total gross volume in more than 200 separate transactions in the previous calendar year. The 1099-K is a purely informational form that summarizes the sales activity of your account and is designed to assist you in reporting your taxes. It is provided to you and the IRS, as well as some US states.
Communitrak reserves the right, at its discretion, to refuse or terminate a person’s registration, or deny access to the System. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering, or creating derivative works from any trademarks or Content on the System. You are also prohibited from using the System for marketing purposes or to compete with Communitrak.
Please review the Communitrak Rules (which are part of these Terms) to better understand what is prohibited on the Communitrak System. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the System, to suspend or terminate users, and to reclaim accounts without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Communitrak, its users, and the public.
You may not do any of the following while accessing or using the System: (i) access, tamper with, or use non-public areas of the System, Communitrak’s computer systems, or the technical delivery systems of Communitrak’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the System by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Communitrak (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Communitrak; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the System to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the System, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the System.
Communitrak respects the intellectual property rights of others and expects users of the System to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Communitrak will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the System is:
Attn: Copyright Agent
300 Chantilly Drive
Greenville, SC 29615
The Terms will continue to apply until terminated by either you or Communitrak as follows.
You may end your legal agreement with Communitrak at any time for any or no reason by deactivating your accounts and discontinuing your use of the System. You will need to specifically inform Communitrak when you stop using the System in order to stop automatic billing, among other account closing procedures. If you stop using the System without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity or non-payment.
We may suspend or terminate your accounts or cease providing you with all or part of the System at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Communitrak Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the System to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Nothing in this section shall affect Communitrak’s rights to change, limit or stop the provision of the System without prior notice.
Please read this section carefully as it limits the liability of Communitrak and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Communitrak Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The System is Available “AS-IS”
Your access to and use of the System or any Content are at your own risk. You understand and agree that the System is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMMUNITRAK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Communitrak Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the System or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the System or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the System; and (iv) whether the System will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Communitrak Entities or through the System, will create any warranty or representation not expressly made herein.
The System may contain links to third-party websites or resources. You acknowledge and agree that the Communitrak Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Communitrak Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNITRAK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SYSTEM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SYSTEM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SYSTEM; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMMUNITRAK ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMMUNITRAK, IF ANY, IN THE PAST SIX MONTHS FOR THE SYSTEMS OR ANY PART OF THE SYSTEM GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMMUNITRAK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Subscription Term and Renewals
Unless otherwise specified at the time of procurement, each Subscription Term will automatically renew for additional one month periods unless either party gives the other written notice of termination prior to expiration of the then-current Subscription Term.
Fees and Payment
Communitrak's current pricing structure is as follows:
$29.00 base fee per community plus $0.10 per managed household per month
All fees are as set forth above and will be paid by you within thirty (30) days of invoice, unless (a) you are paying via Credit Card (as defined below) or (b) otherwise specified. All fees are non-refundable. The current rate above is valid for the initial period of each Subscription Term and thereafter may be subject to an adjustment. Rates are variable and subject to change over time or as new features are released. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
Payment via Credit Card
If you are purchasing the Services via credit card, debit card, or other payment card ("Credit Card"), the following terms apply:
Suspension of Service
If your account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Communitrak reserves the right to suspend your access to the applicable Service (and any related services) without liability to you until such amounts are paid in full. Communitrak also reserves the right to suspend your access to the Services without liability to you if your use of the Services is in violation of our Terms of Service.
A. Waiver and Severability
The failure of Communitrak to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of South Carolina without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the System will be brought solely in the federal or state courts located in Greenville County, South Carolina, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, with the most current version available on this page, communitrak.com/terms. If the revision, in our sole discretion, is material, we will notify you via an account notification or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and Communitrak.