Terms of Use

These Website Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Track That Advisor, LLC, an Arizona limited liability company ("Track That Advisor," "Company," "we," "us," or "our"), governing your access to and use of the Company's website located at https://www.trackthatadvisor.com, together with all associated webpages, member portals, downloadable content, software, educational materials, digital resources, online courses, subscriptions, communications, and services made available through or in connection with the Website (collectively, the "Website" or "Services").

Please read these Terms carefully before accessing or using the Website or any Services.

By accessing, browsing, creating an account, purchasing a subscription or product, downloading content, registering for an event, or otherwise using any portion of the Website or Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any additional agreements or policies referenced herein.

If you are accepting these Terms on behalf of a corporation, limited liability company, partnership, financial advisory firm, or other legal entity, you represent and warrant that you possess the legal authority to bind that entity to these Terms. In such event, references to "you" or "your" shall include both the individual accepting these Terms and the applicable entity.

If you do not agree to these Terms, you must immediately discontinue use of the Website and Services.

The Company reserves the right to modify, update, or revise these Terms at any time in its sole discretion. Any modifications will become effective upon posting the updated Terms on the Website unless otherwise stated. Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the revised Terms.

1. Eligibility and Authorized Use

The Website and Services are intended solely for individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding contracts under applicable law.

By accessing or using the Website, you represent and warrant that:

  • You are at least eighteen (18) years of age.
  • You possess the legal authority to enter into these Terms.
  • All information you provide to the Company is true, accurate, current, and complete.
  • Your use of the Website and Services complies with all applicable federal, state, local, and international laws, regulations, and professional standards.

If you are accessing the Website on behalf of your employer, financial advisory firm, or another organization, you represent and warrant that you have been duly authorized to do so and that such organization agrees to be bound by these Terms.

Access to certain portions of the Website may require the purchase of a subscription, registration for an event or program, or the creation of a user account. Access rights are limited to the individual or organization that purchased or was granted access and may not be transferred, assigned, sublicensed, shared, or otherwise provided to any unauthorized person except as expressly permitted by a separate written agreement with Track That Advisor.

The Company reserves the right, in its sole discretion, to deny, suspend, restrict, or terminate access to the Website or any Services at any time, with or without notice, if the Company reasonably believes that a user has violated these Terms, engaged in unauthorized activity, compromised the security or integrity of the Website or Services, or otherwise acted in a manner that may harm the Company, its clients, or other users.

Nothing contained in these Terms obligates the Company to provide continued access to any portion of the Website or Services, except as may be expressly provided in a separate written agreement between the Company and the applicable customer.

2. User Accounts, Account Security, and Authorized Users

Certain features of the Website and Services require the creation of a user account or are accessible only through subscription or other authorized access.

In order to access such features, you may be required to register an account and provide certain information, including your name, email address, payment information, firm affiliation, or other identifying information. You agree to provide accurate, current, and complete information and to promptly update such information as necessary to maintain its accuracy.

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password, and for restricting access to your devices and account. You are responsible for all activities that occur under your account, whether authorized by you or not.

You agree to notify Track That Advisor immediately upon becoming aware of any unauthorized use of your account, suspected compromise of your login credentials, or any other breach of security. Track That Advisor shall not be liable for any loss or damage arising from your failure to maintain the security of your account or promptly notify us of unauthorized access.

Each user account is intended solely for the individual or entity to whom it is assigned. Except where expressly authorized under a separate written agreement with Track That Advisor, you may not:

  • Share your login credentials with any other individual or organization;
  • Permit another person to access the Website or Services using your account;
  • Sell, sublicense, lease, transfer, assign, or otherwise provide access to your account;
  • Circumvent or attempt to circumvent any user authentication or access controls implemented by the Company.

Where a subscription or agreement permits access by multiple authorized users within a firm or organization, such access shall be limited solely to those users authorized by the subscribing organization and in accordance with the applicable subscription plan or written agreement. The subscribing organization is solely responsible for managing and controlling authorized user access, including adding, removing, and maintaining authorized users. The organization is responsible for ensuring that all authorized users comply with these Terms and any separate agreement governing access to the Services.

Track That Advisor reserves the right, but assumes no obligation, to monitor account usage for the purpose of maintaining system security, preventing unauthorized access, enforcing these Terms, and protecting the integrity of the Website and Services.

The Company may suspend, restrict, or terminate any account immediately, with or without notice, if it reasonably determines that:

  • these Terms have been violated;
  • unauthorized access or account sharing has occurred;
  • fraudulent, unlawful, or abusive activity is suspected;
  • continued access presents a security risk to the Company, its systems, or other users; or
  • suspension or termination is otherwise necessary to protect the Company's legitimate business interests.

Termination or suspension of an account shall not relieve you of any payment obligations or other responsibilities that accrued prior to the effective date of such suspension or termination.

The Company reserves the right to require password resets, implement multi-factor authentication, or adopt additional security measures at any time to protect user accounts and the integrity of the Website and Services.

3. Permitted Use and Prohibited Conduct

Subject to your compliance with these Terms, Track That Advisor grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and Services solely for your own lawful internal business purposes and only in accordance with these Terms and any applicable subscription or written agreement with the Company.

Your right to access and use the Website is conditioned upon your continued compliance with these Terms. No ownership rights are transferred to you by virtue of your access to or use of the Website or Services.

You agree that you will not, directly or indirectly:

  • Use the Website or Services for any unlawful, fraudulent, deceptive, or unauthorized purpose;
  • Violate any applicable federal, state, local, or international law, regulation, rule, or professional standard;
  • Access or attempt to access any portion of the Website, systems, networks, databases, or accounts for which you are not authorized;
  • Circumvent, disable, interfere with, or otherwise compromise any security feature, authentication mechanism, access restriction, or technological protection measure implemented by the Company;
  • Introduce or transmit viruses, ransomware, malware, Trojan horses, worms, spyware, or any other harmful or malicious code;
  • Interfere with or disrupt the operation, availability, or performance of the Website, Services, servers, or networks;
  • Use any automated means, including robots, spiders, crawlers, scrapers, bots, artificial intelligence agents, scripts, or similar technologies, to access, monitor, copy, extract, harvest, index, or collect information from the Website without the Company's prior written consent;
  • Use any content, data, reports, materials, or information obtained from the Website to train, develop, improve, fine-tune, or validate any artificial intelligence, machine learning, large language model, or similar technology without the Company's prior written authorization;
  • Reverse engineer, decompile, disassemble, translate, modify, adapt, or otherwise attempt to derive the source code or underlying technology of any software or systems used in connection with the Website or Services, except to the extent expressly permitted by applicable law;
  • Copy, reproduce, distribute, publish, display, sell, sublicense, lease, assign, or otherwise exploit any portion of the Website or Services except as expressly authorized by these Terms or a separate written agreement;
  • Remove, alter, obscure, or modify any copyright, trademark, proprietary rights notice, watermark, branding, or other legal notice appearing on the Website or in any materials provided by the Company;
  • Misrepresent your identity or affiliation with any person or organization;
  • Impersonate another individual or entity;
  • Use another person's account or credentials without authorization;
  • Attempt to probe, scan, test, or exploit vulnerabilities in the Company's systems or security infrastructure;
  • Use the Website or Services in any manner that could overburden, damage, disable, impair, or interfere with the Company's systems or with any other user's access to the Website;
  • Engage in any activity that competes with, copies, replicates, or seeks to commercialize the Company's products, services, methodologies, educational materials, software, reports, templates, analytics, or proprietary business processes; or
  • Encourage, assist, or permit any third party to engage in any conduct prohibited by these Terms.

You further agree not to use the Website or Services in any manner that infringes or misappropriates the intellectual property rights, privacy rights, contractual rights, or other legal rights of the Company or any third party.

Track That Advisor reserves the right, but assumes no obligation, to investigate suspected violations of these Terms and may take any action it deems appropriate, including restricting access, suspending or terminating accounts, removing content, cooperating with law enforcement authorities, or pursuing any other legal or equitable remedies available under applicable law.

Nothing contained in this Section shall limit any additional rights or remedies available to the Company under these Terms, any separate written agreement, or applicable law.

4. Subscription Services, Memberships, and Recurring Billing

Certain portions of the Website and Services are available only through the purchase of a paid subscription, membership, course, event registration, digital product, or other paid offering (collectively, "Subscriptions"). Access to certain content, resources, tools, reports, educational materials, member benefits, and other Services may be limited based on the subscription plan or service purchased.

By purchasing a Subscription, you agree to pay all applicable fees and charges associated with the selected Subscription plan and authorize Track That Advisor, or its designated third-party payment processor, to charge your designated payment method in accordance with these Terms.

4.1 Subscription Plans

Track That Advisor may offer various subscription plans, billing intervals, products, services, and membership levels. The features, pricing, duration, and benefits of each Subscription are described at the time of purchase and may be modified by the Company as provided in these Terms.

The Company reserves the right to add, modify, discontinue, or replace Subscription plans or features at any time.

4.2 Automatic Renewal

Unless expressly stated otherwise at the time of purchase, all recurring Subscriptions automatically renew at the end of each applicable billing period.

By purchasing a recurring Subscription, you expressly authorize Track That Advisor to automatically charge your designated payment method for all recurring subscription fees, applicable taxes, and other authorized charges at the beginning of each renewal period until your Subscription is canceled in accordance with these Terms.

You acknowledge that your payment authorization will remain in effect until your Subscription is properly canceled.

4.3 Payment Authorization

By providing a payment method, you represent and warrant that:

  • You are authorized to use the payment method provided;
  • The payment information submitted is accurate and complete;
  • You authorize Track That Advisor and its payment processors to charge your payment method for all authorized charges related to your Subscription;
  • You authorize recurring charges for automatically renewing Subscription plans until canceled.

You agree that recurring charges may be processed without obtaining additional authorization before each renewal transaction.

4.4 Billing

Subscription fees are billed in advance according to the billing frequency selected during purchase (such as monthly or annually).

Unless otherwise stated:

  • Subscription fees are due immediately upon billing.
  • All fees are stated in U.S. Dollars.
  • Applicable taxes, if any, may be added where required by law.
  • You remain responsible for all charges incurred under your account until cancellation becomes effective.

Failure to receive a billing reminder, invoice, or receipt does not relieve you of your payment obligations.

4.5 Price Changes

Track That Advisor reserves the right to modify Subscription pricing at any time.

Any price changes affecting an existing recurring Subscription will become effective at the beginning of the next renewal term after reasonable advance notice has been provided through email, your account, the Website, or another reasonable method of communication.

Your continued use of the Subscription following the effective date of the pricing change constitutes acceptance of the revised pricing.

4.6 Payment Failures

If any payment is declined, rejected, reversed, refunded, disputed, or otherwise cannot be successfully processed, Track That Advisor may, without limiting any other available remedies:

  • Retry the payment method;
  • Suspend or restrict access to some or all Services;
  • Revoke access to member-only content;
  • Require an alternate payment method;
  • Charge any applicable late fees or collection costs permitted by law; and
  • Terminate the Subscription for non-payment.

The Company is not responsible for any interruption of Services resulting from failed or declined payments.

4.7 Cancellation

You may cancel a recurring Subscription at any time through your account, by contacting Track That Advisor, or through any other cancellation method made available by the Company.

Unless otherwise stated in a separate written agreement:

  • Cancellation prevents future renewal charges.
  • Cancellation does not entitle you to a refund of fees already paid.
  • You will continue to have access to the Subscription through the end of the current paid billing period unless otherwise specified.

No partial-month or partial-term credits will be issued unless required by applicable law or expressly approved by the Company in writing.

4.8 Refunds

Except where expressly provided in a separate written agreement or required by applicable law, all Subscription fees, membership fees, course fees, event registrations, digital products, downloadable materials, and other purchases are non-refundable.

Any refund policy applicable to a specific product or service will be disclosed at the time of purchase or within the governing agreement for that product or service.

Nothing in this Section limits any specific refund rights expressly granted under a separate written agreement between Track That Advisor and the applicable customer.

4.9 Subscription Access

Subscription access is licensed, not sold.

Access to Subscription content is personal to the authorized subscriber or subscribing organization and may not be shared, transferred, sublicensed, resold, or otherwise made available to unauthorized individuals except as expressly permitted under a separate written agreement with Track That Advisor.

The Company reserves the right to verify account usage and enforce reasonable limitations designed to prevent unauthorized sharing or misuse of Subscription Services.

4.10 Third-Party Payment Processors

Payments may be processed through one or more independent third-party payment processors selected by Track That Advisor.

The Company does not store complete payment card information on its own servers and is not responsible for errors, delays, outages, or security incidents attributable to third-party payment processors.

Your use of any third-party payment processor may also be subject to that provider's separate terms, conditions, and privacy policies.

5. License to Use the Services and Digital Content

All Services, educational materials, reports, templates, spreadsheets, presentations, videos, downloadable resources, software, analytics, methodologies, graphics, written materials, and other content made available through the Website or Services (collectively, the "Content") are licensed, not sold, to you.

Subject to your compliance with these Terms and the payment of all applicable fees, Track That Advisor grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely for your own internal business purposes or, if you are accessing the Services on behalf of a subscribing organization, solely for the internal business purposes of that organization.

Except as expressly permitted by these Terms or by a separate written agreement with Track That Advisor, you shall not:

  • Copy, reproduce, distribute, publish, display, transmit, perform, or otherwise make the Content available to any third party;
  • Sell, sublicense, lease, rent, assign, or commercially exploit any portion of the Content;
  • Modify, adapt, translate, create derivative works from, or otherwise alter the Content;
  • Remove, alter, or obscure any copyright, trademark, confidentiality notice, watermark, branding, or other proprietary designation appearing on the Content;
  • Upload or post the Content to any publicly accessible website, file-sharing service, social media platform, artificial intelligence platform, or other online service;
  • Incorporate the Content into any commercial product or service not expressly authorized by Track That Advisor;
  • Use the Content to compete with Track That Advisor or to develop products or services that are substantially similar to those offered by the Company;
  • Permit any unauthorized individual or organization to access or use the Content through your account or otherwise.

If your Subscription or written agreement permits multiple authorized users within your organization, the Content may be accessed only by those authorized users designated in accordance with the applicable Subscription or agreement. The subscribing organization is responsible for ensuring that all authorized users comply with these Terms and any applicable agreements governing access to the Services.

Nothing in these Terms shall be construed as transferring to you any ownership interest in the Website, the Services, the Content, or any intellectual property rights of Track That Advisor.

Your license to use the Content automatically terminates upon the earliest of:

  • Expiration or termination of your Subscription;
  • Termination of your account;
  • Your violation of these Terms;
  • Termination of any applicable written agreement governing your access to the Services.

Upon termination of your license, you must immediately cease using the Content and, upon the Company's request, destroy or permanently delete any copies of Content that you are not otherwise authorized to retain under a separate written agreement.

Notwithstanding the foregoing, nothing in this Section shall prohibit you from retaining reports, deliverables, or other materials that a separate written agreement expressly provides you may retain following termination of Services.

6. Intellectual Property Rights

The Website, Services, and all Content are and shall remain the exclusive property of Track That Advisor or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws.

Without limiting the foregoing, Track That Advisor owns all right, title, and interest in and to its:

  • TREK® methodologies, frameworks, and reporting processes;
  • educational programs and training materials;
  • Resource Center content;
  • software, databases, analytics, dashboards, and tools;
  • written materials, forms, templates, worksheets, and guides;
  • graphics, branding, logos, service marks, and trademarks;
  • proprietary business processes and workflows; and
  • all updates, enhancements, improvements, modifications, and derivative works thereof.

Except for the limited license expressly granted in these Terms, no license or other right is granted to you by implication, estoppel, or otherwise.

Any unauthorized use of the Website, Services, or Content may violate copyright, trademark, trade secret, and other applicable laws and may result in the immediate suspension or termination of your access, as well as civil or criminal penalties where permitted by law.

If you become aware of any unauthorized use, copying, distribution, or infringement of the Company's intellectual property, you agree to promptly notify Track That Advisor.

Track That Advisor reserves all rights not expressly granted in these Terms.

7. Confidential Information and User Submissions

7.1 Confidential Information

In the course of using the Website or Services, you may have access to certain non-public, confidential, or proprietary information belonging to Track That Advisor, including but not limited to business processes, methodologies, reports, educational materials, software, analytics, pricing, product roadmaps, training materials, technical information, documentation, customer information, marketing strategies, and other information that is designated as confidential or that reasonably should be understood to be confidential under the circumstances (collectively, "Confidential Information").

You agree to:

  • Maintain the confidentiality of all Confidential Information using at least the same degree of care you use to protect your own confidential information, but in no event less than a reasonable degree of care;
  • Use Confidential Information solely for the purpose of accessing and using the Services as authorized by these Terms or a separate written agreement;
  • Not disclose, publish, distribute, or otherwise make Confidential Information available to any third party except as expressly authorized by Track That Advisor in writing; and
  • Promptly notify Track That Advisor if you become aware of any unauthorized disclosure or use of Confidential Information.

The obligations set forth in this Section shall not apply to information that you can demonstrate:

  • Was publicly available through no breach of these Terms;
  • Was lawfully known to you prior to disclosure by Track That Advisor;
  • Was lawfully received from a third party without restriction on disclosure; or
  • Was independently developed by you without use of or reference to the Company's Confidential Information.

If disclosure of Confidential Information is required by law, regulation, subpoena, or court order, you agree, to the extent legally permitted, to provide Track That Advisor with prompt written notice to allow the Company an opportunity to seek appropriate protective relief.

Nothing in this Section limits any additional confidentiality obligations contained in a separate written agreement between you (or your organization) and Track That Advisor.

7.2 Information Submitted by Users

The Website and Services may permit you to submit information, including data, documents, comments, questions, feedback, communications, or other materials (collectively, "User Submissions").

You represent and warrant that:

  • You own or otherwise have all necessary rights to submit the User Submissions;
  • Your User Submissions do not infringe the intellectual property, privacy, contractual, or other legal rights of any third party;
  • Your User Submissions comply with all applicable laws and these Terms; and
  • Your User Submissions do not contain malicious code, viruses, or other harmful material.

You remain the owner of your User Submissions. Except as otherwise provided in a separate written agreement, submitting information to the Website does not transfer ownership of your User Submissions to Track That Advisor.

However, by submitting User Submissions through the Website or Services, you grant Track That Advisor a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, process, and otherwise use such User Submissions solely to the extent reasonably necessary to provide, maintain, improve, secure, and support the Website and Services, fulfill contractual obligations, comply with applicable law, and enforce these Terms.

Track That Advisor will not sell your confidential business information or use your User Submissions for purposes unrelated to providing the Services except with your consent or as otherwise disclosed in the Company's Privacy Policy.

7.3 Feedback

If you voluntarily provide Track That Advisor with suggestions, ideas, enhancement requests, recommendations, testimonials, or other feedback regarding the Website or Services ("Feedback"), you acknowledge and agree that:

  • Track That Advisor may use, implement, modify, and incorporate such Feedback without restriction;
  • Track That Advisor shall have no obligation to compensate you for any Feedback; and
  • You irrevocably assign to Track That Advisor any rights you may have in such Feedback to the extent permitted by applicable law.

7.4 Monitoring

To the extent permitted by applicable law, Track That Advisor reserves the right, but assumes no obligation, to monitor the use of the Website and Services for purposes including:

  • Maintaining system security;
  • Investigating suspected violations of these Terms;
  • Preventing fraud or unauthorized access;
  • Protecting the rights, property, and safety of Track That Advisor, its customers, and other users; and
  • Complying with legal obligations.

Such monitoring shall be conducted in accordance with applicable law and the Company's Privacy Policy.

8. Privacy, Electronic Communications, and Third-Party Services

8.1 Privacy Policy

Your use of the Website and Services is also governed by the Track That Advisor Privacy Policy, which is incorporated into these Terms by reference.

The Privacy Policy describes how the Company collects, uses, stores, protects, and discloses personal information obtained through the Website and Services.

By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to the Company's Privacy Policy.

If there is any conflict between these Terms and the Privacy Policy regarding privacy practices, the Privacy Policy shall control with respect to those privacy matters.

The current Privacy Policy is available at:

https://www.trackthatadvisor.com/privacy-policy

8.2 Electronic Communications

By accessing or using the Website or Services, creating an account, purchasing a Subscription, or providing your email address or other electronic contact information, you consent to receive communications from Track That Advisor electronically.

Such communications may include, without limitation:

  • Account notifications;
  • Billing confirmations and receipts;
  • Renewal reminders;
  • Subscription and payment notices;
  • Customer support communications;
  • Security alerts;
  • Changes to the Website or Services;
  • Updates to these Terms or the Privacy Policy;
  • Legal notices; and
  • Other communications relating to your account or the Services.

You agree that any notices, disclosures, agreements, invoices, or other communications provided electronically satisfy any legal requirement that such communications be in writing.

You are responsible for maintaining a current and accurate email address and other contact information associated with your account. Track That Advisor shall not be responsible for any consequences arising from your failure to receive communications due to outdated or inaccurate contact information.

Nothing in this Section authorizes Track That Advisor to send marketing communications except as permitted by applicable law and the Company's Privacy Policy. You may opt out of promotional or marketing emails at any time using the unsubscribe mechanism provided in such communications; however, you may not opt out of transactional or service-related communications that are necessary for the administration of your account or the provision of the Services.

8.3 Third-Party Services

The Website and Services may integrate with, rely upon, or provide access to third-party products, platforms, software, payment processors, hosting providers, communication tools, analytics providers, or other services ("Third-Party Services").

Your use of any Third-Party Services may be subject to the terms, conditions, and privacy policies of the applicable third party.

Track That Advisor does not own or control Third-Party Services and does not warrant or guarantee their availability, security, functionality, or performance.

To the fullest extent permitted by applicable law, Track That Advisor shall not be responsible or liable for any acts, omissions, content, products, services, policies, security incidents, or practices of any Third-Party Service provider.

8.4 Third-Party Links

The Website may contain links to websites, applications, or resources operated by third parties solely for your convenience.

The inclusion of any third-party link does not constitute or imply an endorsement, sponsorship, recommendation, or approval by Track That Advisor of the linked website, organization, products, or services.

Track That Advisor has no control over the content, availability, security, accuracy, or privacy practices of third-party websites and assumes no responsibility or liability for any damages or losses arising from your access to or use of such websites.

You access all third-party websites at your own risk and should review the applicable terms of use and privacy policies before using those websites or providing any personal information.

8.5 Payment Processing

Payments for certain Services may be processed through one or more independent third-party payment processors selected by Track That Advisor.

Track That Advisor does not receive or store complete payment card information and relies upon third-party payment processors that maintain their own security standards and contractual obligations.

Track That Advisor makes no representation or warranty regarding the uninterrupted availability or performance of any third-party payment processor and shall not be responsible for delays, interruptions, declined transactions, processing errors, or security incidents attributable to such providers.

9. Service Availability, Educational Purpose, and Disclaimer of Warranties

9.1 Service Availability

Track That Advisor continually works to maintain the availability, security, and reliability of the Website and Services. However, the Company does not guarantee that the Website or Services will be available at all times or operate without interruption.

The Website and Services may be temporarily unavailable due to scheduled maintenance, system upgrades, repairs, security enhancements, equipment failures, internet outages, acts of third parties, or other events beyond the Company's reasonable control.

Track That Advisor reserves the right, at any time and without prior notice, to:

  • Modify, update, improve, or discontinue any portion of the Website or Services;
  • Add or remove features, functionality, or content;
  • Restrict access to certain portions of the Website or Services;
  • Suspend access for maintenance or security purposes; or
  • Terminate or replace any product, service, subscription, feature, or offering.

Except as expressly provided in a separate written agreement, Track That Advisor shall not be liable for any interruption, delay, modification, suspension, or discontinuation of the Website or Services.

9.2 Educational and Informational Purpose

The Website and Services are intended solely to provide educational, informational, and business resources.

Although Track That Advisor endeavors to provide accurate, timely, and useful information, the Company does not guarantee that any information, reports, templates, educational materials, analytics, methodologies, or recommendations are complete, accurate, current, or suitable for your particular circumstances.

Your use of the Website, Services, and any Content is at your own discretion and risk.

You remain solely responsible for evaluating and determining whether any information or recommendations are appropriate for your business, organization, or clients.

9.3 No Professional Advice

Unless expressly stated in a separate written agreement, nothing contained on the Website or provided through the Services constitutes legal, tax, accounting, financial, investment, regulatory, compliance, insurance, employment, or other professional advice.

No information provided through the Website or Services should be relied upon as a substitute for advice from qualified professionals who are familiar with your specific circumstances.

You acknowledge that you are solely responsible for obtaining independent professional advice before making legal, financial, regulatory, employment, compliance, or business decisions.

9.4 No Guarantee of Results

Track That Advisor provides tools, resources, educational materials, coaching, and analytical methodologies designed to assist users in improving business performance and decision-making.

Except where expressly stated in a separate written agreement executed by Track That Advisor, the Company does not guarantee that use of the Website or Services will result in any particular outcome, including but not limited to:

  • Increased revenue;
  • Increased profitability;
  • New client acquisition;
  • Regulatory compliance;
  • Operational improvements;
  • Business growth;
  • Investment performance; or
  • Achievement of any specific financial or business objective.

Any examples, testimonials, case studies, success stories, projections, estimates, or illustrations presented on the Website or through the Services are provided solely for illustrative purposes and should not be interpreted as guarantees or promises of future performance or results.

9.5 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, CONTENT, SUBSCRIPTIONS, DIGITAL PRODUCTS, REPORTS, EDUCATIONAL MATERIALS, SOFTWARE, DOWNLOADABLE RESOURCES, AND ALL OTHER INFORMATION PROVIDED BY TRACK THAT ADVISOR ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

TRACK THAT ADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

  • Any implied warranty of merchantability;
  • Fitness for a particular purpose;
  • Title;
  • Non-infringement;
  • Accuracy;
  • Reliability;
  • Availability;
  • Compatibility;
  • Security;
  • Timeliness; and
  • Freedom from viruses or other harmful components.

Track That Advisor does not warrant or guarantee that:

  • The Website or Services will operate continuously or without interruption;
  • The Website or Services will be error-free;
  • Defects will be corrected;
  • The Website or servers are free of viruses or malicious code;
  • Information provided through the Services will always be accurate, complete, or current; or
  • The Website or Services will meet your particular requirements or expectations.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you to the extent prohibited by applicable law.

10. Limitation of Liability, Indemnification, and Force Majeure

10.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACK THAT ADVISOR, ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, THE CONTENT, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, Track That Advisor shall not be liable for damages arising from or relating to:

  • Your use of or inability to use the Website or Services;
  • Errors, omissions, inaccuracies, or delays in any Content or Services;
  • Unauthorized access to or use of your account or information;
  • Interruptions, outages, or security incidents affecting the Website or Services;
  • Actions or omissions of third-party service providers;
  • Your reliance upon any information or recommendations provided through the Website or Services; or
  • Any decisions or actions taken by you or your organization based upon the Website, Services, or Content.

To the maximum extent permitted by applicable law, Track That Advisor's total cumulative liability arising out of or relating to these Terms, the Website, or the Services shall not exceed the greater of (a) One Hundred U.S. Dollars (US $100.00), or (b) the total amount actually paid by you to Track That Advisor for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations contained in this Section apply regardless of the form of action and survive the termination of these Terms.

10.2 Indemnification

You agree to defend, indemnify, and hold harmless Track That Advisor, its affiliates, owners, members, managers, officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

  • Your access to or use of the Website or Services;
  • Your violation of these Terms;
  • Your violation of any applicable law, regulation, or professional obligation;
  • Your infringement or misappropriation of the intellectual property, privacy, contractual, or other rights of any third party;
  • Any User Submissions or other materials you provide through the Website or Services; or
  • Any negligent, fraudulent, intentional, or unlawful act or omission by you or anyone using your account.

Track That Advisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with the Company's defense of such matter.

Your obligations under this Section shall survive the termination of these Terms.

10.3 Force Majeure

Track That Advisor shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to:

  • Natural disasters;
  • Fire, flood, earthquake, or severe weather;
  • Epidemics, pandemics, or public health emergencies;
  • War, terrorism, civil unrest, or acts of government;
  • Labor disputes or strikes;
  • Utility failures;
  • Internet, telecommunications, or hosting provider outages;
  • Cyberattacks or widespread technology failures;
  • Interruptions involving third-party software, cloud providers, payment processors, or other service providers;
  • Supply chain disruptions; or
  • Any other event beyond the Company's reasonable control.

During the continuation of a Force Majeure event, Track That Advisor's affected obligations shall be suspended for the duration of the event and for a reasonable period thereafter necessary to restore normal operations.

Nothing in this Section excuses your obligation to pay amounts that became due prior to the occurrence of the Force Majeure event.

11. Suspension and Termination

Track That Advisor reserves the right, in its sole discretion and without liability, to suspend, restrict, or terminate your access to all or any portion of the Website or Services, with or without notice, if the Company reasonably determines that:

  • You have violated these Terms or any other agreement with the Company;
  • You have failed to pay any amounts due;
  • You have engaged in fraudulent, unlawful, abusive, or deceptive conduct;
  • Your use of the Website or Services poses a security risk to the Company, its systems, or other users;
  • Your actions may expose the Company to legal liability; or
  • Suspension or termination is otherwise necessary to protect the legitimate business interests of the Company.

Upon termination:

  • Your right to access and use the Website and Services shall immediately cease unless otherwise expressly provided in a separate written agreement.
  • Any outstanding payment obligations shall remain due and payable.
  • Any licenses granted under these Terms shall automatically terminate unless otherwise expressly provided.
  • Sections that by their nature are intended to survive termination, including but not limited to provisions relating to payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and survival, shall remain in full force and effect.

Termination of these Terms shall not limit any rights or remedies otherwise available to Track That Advisor under applicable law or any separate written agreement.

12. Modifications to the Website and These Terms

Track That Advisor reserves the right to modify, update, suspend, discontinue, or replace any portion of the Website, Services, Content, Subscription offerings, pricing, features, or functionality at any time.

The Company may also revise these Terms from time to time. When material changes are made, the updated Terms will be posted on the Website together with a revised Effective Date. The Company may also provide notice by email, through your account, or by other reasonable means, where appropriate.

Your continued access to or use of the Website or Services after revised Terms become effective constitutes your acceptance of the updated Terms.

If you do not agree to any revised Terms, your sole remedy is to discontinue use of the Website and Services and, if applicable, cancel your Subscription in accordance with these Terms.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Website, the Services, or these Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

The parties agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party irrevocably submits to the exclusive jurisdiction of such courts.

Each party waives any objection based upon improper venue or forum non conveniens to the extent permitted by applicable law.

14. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

The invalid, illegal, or unenforceable provision shall be deemed modified only to the extent necessary to make it enforceable while preserving the original intent of the parties as closely as possible.

15. No Waiver

No failure or delay by Track That Advisor in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of that right or any other right.

Any waiver by Track That Advisor shall be effective only if made in writing and signed by an authorized representative of the Company.

A waiver of any breach shall not constitute a waiver of any subsequent or continuing breach.

16. Assignment

You may not assign, delegate, transfer, or otherwise convey any of your rights or obligations under these Terms without the prior written consent of Track That Advisor.

Track That Advisor may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or operation of law.

Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Track That Advisor regarding your access to and use of the Website and Services.

To the extent you have entered into a separate written agreement with Track That Advisor governing specific products or services (including, without limitation, a Client Services Agreement, Subscription Agreement, Course Agreement, Authorized User Access, Confidentiality and Intellectual Property Agreement, or similar agreement), the terms of that separate written agreement shall control with respect to the subject matter addressed therein in the event of a conflict with these Terms.

18. Survival

Any provisions of these Terms that by their nature should survive termination or expiration shall survive, including, without limitation:

  • Payment obligations;
  • Intellectual Property Rights;
  • License Restrictions;
  • Confidentiality;
  • User Submissions;
  • Disclaimer of Warranties;
  • Limitation of Liability;
  • Indemnification;
  • Governing Law and Venue;
  • Severability;
  • Entire Agreement; and
  • Any other provisions necessary to give effect to the intent of these Terms.

19. Contact Information

Questions regarding these Terms or the Website may be directed to:

Track That Advisor, LLC

Website: https://www.trackthatadvisor.com

Email: hello@trackthatadvisor.com