Terms & Conditions


Welcome! By accessing or using our website located at https://purelytracking.com/ (the "Website") and/or the PurelyTracking mobile application, resources, tools, plugins, functionalities, services and software (collectively with the Website, the "Services"), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Notice, located at https://www.PurelyTracking.com/terms and agree to be bound by it in its entirety. If you do agree with the Terms of Use, or do not understand or have questions about the Terms of Use, immediately stop all use of the Services and info@PurelyTracking.com.

The Terms of Use apply only to the Services and do not apply to any websites that are linked to the Website or Services. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. It is your obligation to review the Terms of Use before accessing the Services. Any changes to the Terms of Use will be effective immediately upon our posting them here, unless otherwise stated. We reserve the right to change the contents of the Services at any time, with or without notice.


I. Definitions

For the purposes of this Terms of Use, the following definitions apply:

"Affiliates" refers to companies and divisions under the ownership of the Company or that own the Company.

"Company" or "PurelyTracking" or "we" or "us" or "our" means PurelyTracking LLC, the owner and operator of the Services.

"Content" includes all Text, Graphics, design, video, information, Programming and other content, including the Intellectual Property, used on or in the Services.

"Graphics" includes all logos, buttons, and other graphical elements on the Services, including the color combinations and the page layout of the Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Profile" means a User profile containing personal or professional information about that User.

"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Services.

"Text" includes all text on every page of the Website or used for the Services, whether editorial, navigational, or instructional.

"User" means a user of the Services, whether as an individual (an "Individual User") or on behalf of a corporate entity or other organization or as a recruiter (a "Corporate User").

"User Content" means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by any User via the Services. All User Content and Submissionsare the sole responsibility of the User from which such User Content originated.

"You" or "your"(whether or not capitalized) refers to the User accessing the Website and agreeing to this Terms of Use, whether as an Individual User or Corporate User.


II. Use Of This Website

The Services are designed to facilitate professional and personal networking as well as employment opportunities among Users. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to participating in the Services, unless otherwise authorized by the Company in writing. The Services may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth therein. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Services, unless you have our express written consent.

We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information contained in the Services may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Services, including but not limited to the Content and the User Content.


Account Registration

Certain functions of the Services may require registration, such as creating a Profile or browsing other Profiles, contacting other Users,responding to surveys or participating in other promotions or contests.You may only create and use an Individual User account for your own personal use. If you would like to utilize the Services as a company, organization, entity, employer or recruiter, you must create a Corporate User account. Profiles may not contain any hyperlinks, or any misleading, inaccurate, false or unrelated content. The Services may be used only by individuals seeking employment and/or career information and for permitted professional and personal networking purposes, and by employers seeking employees. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account.

If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other nonpublic information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. Without limiting the foregoing, you shall only use the Services in accordance with all applicable privacy and data protection laws, and you agree not to disclose any of the User Content to any third party, unless you are authorized in writing by the Company to do so as a Corporate User who is an authorized recruiting or staffing agency for employment purposes. If you delete your account, we may still need to retain certain information, including your Profile data and User Content, for record keeping, administrative, legal and technical purposes. However, we may not be able to recover any information from a deleted account if you later change your mind. Accounts and profiles may be deleted after a certain period of inactivity. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe at any time.


Corporate Users

Corporate Users are solely responsible for the User Content that they post or submit to the Website and any employment decisions that they make as a result of using the Services. Corporate Users may use the services only as an employer seeking employees. Corporate Users may not post job opportunities or descriptions that do not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property, or other User Content that is intended to sell, promote or advertise products or services. All pertinent information pertaining to a job opportunity or description must be clearly identified, including but not limited to commission only, distributorship, or multi-level marketing jobs. All job opportunities must represent bona fide employment opportunities, which generally is indicated by the employer's use of IRS forms W-2 or 1099. The Company reserves the right to remove any job posting, Profile or other User Content at its discretion, for any or no reason at all.


Sweepstakes, Contents and Promotions

Sweepstakes, contests, or other promotions made available through the Services, via a third-party provider, or otherwise may be governed by specific rules that are separate from this Terms of Use. By participating in any such sweepstakes, contest, or promotions, you agree to participate subject to those rules. Our Privacy Notice will govern any information you submit in connection with such activities, unless otherwise stated.


III. Employer Access Purchase Terms and Cancellation
Employer Access

Access to the Services by Employer Users (“Employer Access”) requires Employer User account registration and the payment of an access fee (the “Employer Access Fee”). Payment of the Employer Access Fee entitles an individual Employer User to access the Services for the calendar month in which the Employer Access Fee is paid. From time to time, the Company may offer special pricing for the pre-purchase of several months of Employer Access at a discounted rate.You must pay the Employer Access Fees before the Company will grant you Employer Access to the Services. The Employer Access Fees will be prorated for your first month, and charged on the first day of each calendar month for which you will have Employer Access thereafter.


Cancellation of Employer Access

You may cancel your Employer Access at any time, with such cancellation to be effective at the end of the period for which you have paid the Employee Access Fees. Employee Access Fees cannot be refunded. If you violate these Terms of Use or any provisions of our Privacy Notice, your Employer Access will be terminated immediately and you will not be entitled to any refund.


Payment Method

You must provide and maintain at all times a valid method of payment in order to continue receiving Employer Access. If your payment method is not honored, your Employer Access will be terminated until another valid method of payment is provided to the Company. By providing the Company with a payment method, you represent with respect to the payment method selected: (i) represent that any credit information supplied is true, complete and that you are authorized to use the payment method that you provided; (ii) authorize the Company to charge you for the Employer Access Fee using your payment method; and (iii) agree to pay all Employer Access incurred, including any charges incurred for dishonored payments. You agree to pay one percent (1%) compounding interest on any outstanding balance you may incur, as well as any costs of collection and reasonable attorneys’ fees.


IV. Restrictions on Use of the Services

The information displayed via the Services may not be used for any purpose except in connection with your direct use of the Services as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Services except with our explicit, written permission. You may not collect or use any portion of the content of the Services in any derivative way, or download, or copy or sell information or other matter for use of any other party, without our written permission. You may not gather information and data on the Services from mining, robots or other extraction tools or transmit, post, distribute, store or destroy material, including without limitation the Content and User Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the PurelyTracking Privacy Notice.

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Services including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Services or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Services or the use of the Services by any Users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or the servers and network associated with the Services. Any unauthorized use or breach of these Terms of Use by you terminates all of the permissions or licenses granted by us, in addition to all rights at law or in equity. In addition, you specifically agree not to use the Services to do any of the following:

Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful, misleading or false;

Impersonate or misrepresent your connection to any other entity or person, post or submit any incomplete, false or inaccurate biographical information or information which is not your own, or otherwise manipulate identifiers to disguise the origin of the content;

Email or transmit content that infringes on the intellectual property or the rights of any entity or person, or access data not intended for you, or log into a server or account which you are not authorized to access;

Intentionally or unintentionally violate any applicable local, state, national or international law;

Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Services; and/or

Aggregate, copy or duplicate in any manner any of the Content or information available from the Services other than as permitted by these Terms of Use.

Any such use shall immediately terminate your right to use the Services, as set forth below.


V. Termination of Access

Use of theServices is a privilege. We reserve the right to suspend or terminate your access to the Services for any reason at any time, in our sole discretion. The Services and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, actions taken and information submitted via the Services.


VI. Information You Provide to Us Via this Website or Services

If you choose to provide any personal information via the Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.

If you submit audio/video/digital media of yourself (the "Media") you hereby permit PurelyTracking to use the Media either separately or together, either wholly or in part, in any way and in any medium or format (now existing or existing in the future), for whatever lawful purpose (including advertising), with or without any reasonable retouching or alteration, provided that in the event the Media is edited, it will not mischaracterize any of your words, actions or statements. Provided your words and actions are not mischaracterized, you agree that you shall not prosecute or institute any legal proceedings, arbitration demands, or claims or demands against either PurelyTracking, or any of its officers, directors, members, owners, employees, agents or assigns with respect to the use of any or all of the Media, and hereby waive and release any and all claims or damages of any kind or sort in connection with the Media or use thereof by PurelyTracking or its assignees.

In order to facilitate communications between you and us, we offer you the ability to contact us via the Website and Services. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email.

Limitations on Information Submitted

We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Services. Any information you send to us, including inventions, creative ideas, suggestions, information posted to any Profile and other User Contentor Media ("Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide nonexclusive license to use, modify, reproduce, adapt, transmit, sell, license and sub-license,adapt, create derivative works from,publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment or other compensation to you, subject to the Privacy Notice, so long as the Submissions are not misrepresented or distorted.

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

This Section V will survive termination of this Terms of Use by you or the Company for any reason.


VII. Monitoring Of Information

We do not assume any obligation to review or monitor the content or other information submitted to the Website by Users or otherthird-parties, including the User Content. You assume the risk of verifying the accuracy of such information posted through independent investigation.

Notwithstanding the foregoing, we may,at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms of Use or law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.


VIII. Intellectual Property Rights

The Company owns any and all intellectual property rights relating to the PurelyTracking brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Company's brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property").

Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and with our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming or Content contained in the Services. All otherthird-party content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.


IX. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to our designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) 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 on the Services; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

PurelyTracking, LLC
15 Clydesdale Road
Scotch Plains, NJ 07076
Attn: Designated Copyright Agent

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Services. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a United States federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.


X. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and the obligations and liabilities of us in respect of your use of the Services, is expressly limited as follows:

DISCLAIMER OF WARRANTIES

THE WEBSITE, THE SERVICES AND THEIR CONTENTIS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT, INCLUDING THE USER CONTENT IS AT YOUR OWN RISK.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.


LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.


Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of the Services or information, including the Submissions submitted thereto.

You agree to indemnify, defend at the Company's option, and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim, liability, causes of actions, damages, cost and expenses and/or demands, including reasonable attorneys' fees and costs of suit, made by any third-party due to or arising out of: (1) your use of this Website or the Services, (2) information that you submit, transmit, or otherwise make available via this Website, the Services or otherwise, including but not limited to Submissions and User Content,and/or (3) your breach of the Terms of Use.


Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.


Third-Party Websites

The Services may contain links to other websites for your convenience and information and to help us collect survey information. These websites may be operated by companies that are not affiliated with the Company, and may have different privacy policies and terms of use. The Company does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Services. Access to third-party websites from the Services is done at your own risk.

This Section X will survive termination of this Terms of Use by you or the Company for any reason.


XI. Term and Termination

These Terms of Use shall remain in effect for so long as you are a User of the Services. You may terminate this Agreement at any time by deleting your Profile and User account and discontinuing use of the Services, provided that those provisions of this Terms of Use that are intended to survive termination shall remain in effect.


XII. General Information

Entire Agreement. These Terms of Use, together with the Privacy Notice, constitute the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of the Company.

Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms of Use or Privacy Notice shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use or Privacy Notice, and the Terms of Use or Privacy Notice shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.


Viruses and Transmission of Sensitive Information

We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.


Miscellaneous

We do not represent that materials and Content on the Website and Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Section XII will survive termination of this Terms of Use by you or the Company for any reason.


Privacy & Policy


Welcome! The information below explains how PurelyTracking LLC (the "Company", "PurelyTracking" or "we" or "us" or "our") collect, use, and disclose information on our website, located at https://www.PurelyTracking.com/ (the "Website") and and/or the PurelyTracking mobile application, resources, tools, plugins, functionalities, services and software (collectively with the Website, the "Services"). All capitalized terms not defined herein shall have the meaning set forth in the Terms of Use, available at https://www.PurelyTracking.com/terms-of-use. By using the Services, and/or by contacting us and providing any personal information, you consent to the collection, transfer, storage, disclosure and use of your data in accordance with this Privacy Notice. Please take a moment to read the following notice to learn how we handle your personal information. If we decide to change our Privacy Notice, we will post those changes on this page.

We understand that individuals with whom we conduct business and who share their information with us value their privacy. We are committed to taking reasonable steps to protect your privacy online and managing your information responsibly. This Privacy Notice is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.

This Privacy Notice does not apply to other websites that we utilize to collect survey responses, to make our Services available or to which we may otherwise link, or to other companies or persons who might be listed as third-party contacts on this Website, each of which may be governed by their own privacy policies. When you download the PurelyTracking mobile application (“PurelyTracking App”) you are doing so from third party websites which have their own privacy statements and terms of service. Those third party legal terms apply to you as well. For your convenience, here are links to third party sites where you can find the PurelyTracking App:

Apple App Store: https://www.apple.com/privacy/privacy-policy/

The Google Play App shop: https://payments.google.com/legaldocument?family=0.privacynotice&hl=en

The Clover app market: https://www.clover.com/privacy-policy

Why We Collect Information:

We collect personal information because it helps us deliver our products and services, design and deliver our Website and Services, and to deliver targeted surveys and other relevant information to you.


How We Collect Information:

We collect information in three primary ways:

You Give Us Information: We collect information from you when you submit it to us through our Services.

We Collect Information Automatically: We automatically collect certain types of information when you visit our Website or use our Services. For example, we automatically collect various types of technical information when you use our Services, as otherwise described in this Privacy Notice.

We Collect Information from Other Sources: We may obtain information about you from outside sources. For example, we may obtain commercially or publicly available information about you from third-parties or purchase email lists from third-parties for advertising and marketing purpose or fraud detection/prevention. We may also receive information from third-parties who provide services for us through web-beacons and other technologies as otherwise discussed in this Privacy Notice.

What Information We Collect:

We may collect, store and use the following kinds of personal data:

Information about your visits to and use of this Website and the Services;

Information that you provide to us for the purpose of registering with us and/or subscribing to our Website and Services, receiving email notifications and/or downloading resources, including credit card numbers and billing information (for services requiring payment).

Please do not submit any sensitive personal information or data to us, including but not limited to your: (i) racial or ethnic origin; (ii) political, philosophical or religious beliefs, including membership in a political party or trade union; (iii) physical or mental health, biometric details or genetic makeup; (iv) sexual orientation or preferences; or (v) any Social Security Number, driver's license or other identification number. If any such information is submitted to us, it is at your own risk.


Account Creation:

If you create an account, you will be asked to provide a username, email address, date of birth, and may be asked to provide additional information for identification and verification purposes or for the purpose of filling out your Profile. If you register for PurelyTracking via Facebook Connect, Twitter OAuth, or LinkedIn's API, you authorize PurelyTracking to access certain personally identifiable information in your Facebook/Twitter/LinkedIn accounts pursuant to the applicable terms and conditions. If you choose to sign in these or similar sites, we import certain information from your account and add it to your User Profile automatically. Your account, and the information contained within, is publicly available by default. However, you can control the visibility of your information by managing your privacy settings and by deleting information that you do not want to be available.


General Browsing:

We do not automatically collect personal information unless you voluntarily input or submit this information, such as during a registration or ordering process, when you submit questions or comments, request information, seek to open an account or participate in online surveys, contests, promotions or other activities.

Even if you do not submit personal information through the Services, we gather navigational information about where visitors go on the Services and information about the technical efficiencies of our Services (i.e., time to connect to the Services, time to download pages, etc.). This information allows us to see which areas of our Services are most visited and helps us better understand the overall and individual user experience. This information also helps us improve the quality of the Services by recognizing and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website and Services.


Mobile Browsing:

If you use the Services via a mobile device, information about your use of the Services, as well as your mobile device type, carrier and location may be communicated to us, and your information may be shared with your mobile carrier or access provider.


Use of Cookies:

Cookies are bits of electronic information that a website may transfer to a visitor's computer to identify specific information about the visitor's visits to the website. The Website and the Services use a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computer's hard drive and are used to help track clicks as you go through the pages within our Website and interact with our Services. We may also use cookies to tell us whether you have previously visited the Website or used the Services. We also use cookies which may be set by third-parties with whom we have entered into agreements which may enable us to obtain analytics information about the use of our Services. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer. Shared local objects (commonly referred to as "FLASH cookies") are cookies that are placed on your computer that are not removed through normal browser management tools. We will not use FLASH cookies in a manner inconsistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service.


Use of Web Beacons, Clear-GIFs, Pixel Tags and JavaScript:

We also may use "pixel tags" (also called "action pixels," "web beacons" or "clear gifs") and/or JavaScript plug-ins, placed in our Services and in our emails to you. These web beacons and plug-ins are small graphic images (typically that you cannot see) or code, on a website or in an email message, which are used for such things as recording webpages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users' online behavior and measure the effectiveness of our Services and our marketing. We also may work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the Services and/or in emails to use information obtained from them such as pages viewed, items purchased, emails opened and items upon which you may click in emails. These third-party providers may also place cookies onto your computer or device. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our other information we maintain about you.


Server Logs:

A web "server log" is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our Services may record information in server logs. For example, if you enter a search term into a search box located on the Services, the server log may record the search term, the link you clicked on to bring you to our Website, and/or information about your browser, such as your IP address and the cookies set on your browser.


Search Queries on Our Website:

We may provide you with options to search for information on our Website and via the Services. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.


Surveys:

From time to time, we may request information from users via surveys. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information, which will be used to provide you with financial remuneration for participation (such as email address and phone number), demographic information (such as postal code, age level, gender) and other personal information relevant to the topic of the survey. The aggregate, non-personally identifiable information collected from all survey respondents may be shared with third-parties who sponsors such surveys. If your information gathered via a survey will be used in a manner different from that described in this Privacy Notice, such use will be detailed in the survey instructions.


How We Use the Information We Collect:

We use the information we collect in a variety of ways. Primarily, we use the information we collect in order to connect users and provide ways for users to network and find jobs. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, your geographical location, which webpages and Profiles you view, the time and duration of your visits to our Services, the search queries you may use on the Services and any other submissions you may make, whether you clicked on any items or links on the Services, whether you have clicked on any links in any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether and where you have viewed or ordered certain products or services.

We use the information we collect internally in our business for many business purposes, such as to: (i) provide the Website and Services; (ii) analyze trends and conduct research about improving the Website; (iii) provide support and respond to questions from users and Website visitors; (iv) improve our Website, products and Services; (v) learn about users' needs; (vi) contact users for research, informational, and marketing purposes, including customizing our Services for you based upon your information and browsing habits; (vii) track traffic patterns andServices usage; (viii) provide customer service and technical support with respect to the Services; (ix) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (x) provide specific relevant marketing, promotional, or other targeted or location-based content or information to you; (xi) address information security and/or privacy practices, network functioning, engineering, and troubleshooting issues; (xii) investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process; (xiii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud to reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Website or the public; and (xiv) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.

We may also share personally identifiable information and non-personally identifiable information externally with our affiliates and business partners, as well as with other third-party service providers who help us provide operational services for the Website, the Services and our business, which might include, but is not necessarily limited to: business entities that provide email address management and communication contact services, retargeting services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, entities that allow us to personally identify visitors to the website, judicial, administrative and/or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and/or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, and other service providers which may be involved in the other types of services and activities otherwise discussed in this Privacy Notice.

We may also use your personally identifiable information to contact you in ways other than email or regular mail, such as via telephone contact or facsimile.


Business Transfers

If Company or substantially all of its assets were acquired, or in the unlikely event that Company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that any acquirer of Company may continue to use your personal information as set forth in this Privacy Notice.


Your Choices about the Information We Collect

If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails or opt out in your account profile. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request to the following contacts:

Email Address:

info@PurelyTracking.com

Postal Address:
PurelyTracking, LLC
15 Clydesdale Road
Scotch Plains, NJ 07076
Privacy of Children Who Visit the Website

We recognize the importance of children's safety and privacy. The Website is not designed to attract children, and is not intended for use by any children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. If you have reason to believe that we have collected information pertaining to children under the age of 13 please contact us at privacy@PurelyTracking.com.


Your California Privacy Rights

We collect various types of personal information about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third-parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third-parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes.

If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third-parties for their direct marketing purposes.

California law requires us to advise you how we interact with the “Do Not Track” signal on your web browser. At this time, Company does not respond to the “Do Not Track” signal.

Email Address:

info@PurelyTracking.com

Postal Address:
PurelyTracking, LLC
15 Clydesdale Road
Scotch Plains, NJ 07076
Visitors to the Website Outside of the United States

If you are visiting the Website or using the Services from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website or Services and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.


Updating Personal Information

We prefer to keep your personal information accurate and up-to-date. If you would like to change your contact information, please update your account or Profile or send an email to info@purelytracking.com.


Links

For your convenience, the Website may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.


Security

We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.

While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a b password, using different passwords for different services, and using up to date antivirus software.

Please note that while we attempt to limit access to our Services, including our user profiles and other content to legitimate users, we cannot guarantee that other parties will not gain access to our information and we cannot control their use of any information accessed via the Services.


Questions / Changes in Notice

If you have questions or concerns with respect to our Privacy Notice, you may contact us at privacy@purelytracking.com .We may elect to change or amend our Privacy Notice; in such event, we will post the notice changes in our Privacy Notice on the Website.