Welcome to TraceLink. We are happy you are here, and we hope that you are able to take advantage of everything we have to offer.
Please note that we offer many products and services. Your use of TraceLink products or services may also be subject to the Network Terms of Service that can be found at https://www.tracelink.com/legal-and-trust/network-terms-of-use or a separate customer agreement. Those additional terms also become part of your agreement with us, if you use the services or log into the Sites.
A. Your Accounts
You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
B. Communities, Forums and Partner Products
Please note that if you wish to log into or take part in any TraceLink Community or Forum on our Sites you agree that the personal information (such as name, company information, photos etc.) that may be collected during the course of registering or using such Sites may be used or shared with our affiliates or our agents for the purpose of improving the quality of our services. If you request information about or access any of our partners’ products or services from the Sites you agree to have your personal information shared with our partners for marketing purposes. Any TraceLink Community or Forum on the Sites is created for TraceLink customers, partners, prospects, and attendees of certain events. Some Communities and Forums may be subject to their owns terms. Please read those carefully.
Your name and other information relating to your account may be visible to other members of a Community or Forum. Your account is for your use only and cannot be shared or used by anyone else. You are solely responsible for maintaining the confidentiality of your username and password, and you are entirely responsible for any and all activities under your account in any Community, Forum or otherwise. You agree to notify TraceLink immediately of any unauthorized use or any other breach of security involving your username and password or account. TraceLink will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account.
You acknowledge and agree that the Communities and Forums are public spaces and that your participation in such communities creates no expectation of privacy. Further, you acknowledge that any Content you communicate in a community may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in communities or other aspects of the Sites and may employ anonymous usernames when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN A COMMUNITY, FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
C. Modifications and Termination
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.
D. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
E. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
F. Your Use of the Sites
Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites, any features on the Sites (including any technological measures we employ to enforce these Terms) or anything in violation of our Acceptable Use Policy.
It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
Using our Sites does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
G. Intellectual Property
The Sites are based upon proprietary TraceLink technology and includes the Content. The Sites are protected by applicable intellectual property and other laws, including trademark and copyright laws. The Sites, including all intellectual property rights, belong to and is the property of TraceLink or its licensors (if any). TraceLink owns and retains all copyrights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means.
TraceLink, the TraceLink logo, Network for Greater Good and other marks used by TraceLink from time to time are trademarks and the property of TraceLink. The appearance, layout, color scheme, and design of the TraceLink.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. TraceLink may use and incorporate into the Site or any Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to TraceLink's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
H. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care to make sure you can use the Services. But there are certain things that we don’t promise about our Services.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
I. Liability for our Services
EXCEPT WHERE PROHIBITED, NEITHER TRACELINK NOR THE SERVICES ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF TRACELINK OR THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
J. Additional Details
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Boston, Massachusetts, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
K. DMCA Notices and Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. We may, in our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on our website, please follow the following steps and provide the required information as detailed below.
If you believe that your work has been copied in a way that constitutes infringement on TraceLink's website, please provide the following information to our Copyright Agent.
The TraceLink Copyright Agent for DMCA takedown notices or notices of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to legal@TraceLink.com or by sending a letter via U.S. Mail to: TraceLink, Inc., 400 Riverpark Drive, North Reading, MA 01864 USA, Attn: General Counsel.
Submission of Notification:
To be effective, the Notification must include 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 ("Complaining Party");
2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 TraceLink to locate the material;
4) Information reasonably sufficient to permit TraceLink to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
a) TraceLink will remove or disable access to the material that is alleged to be infringing;
b) TraceLink will forward the written notification to such alleged infringer (the "Alleged Infringer");
c) TraceLink will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to TraceLink's Copyright Agent that includes substantially the following:
A) A physical or electronic signature of the Alleged Infringer;
B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
D) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which TraceLink may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in A through D above:
i) TraceLink will promptly provide the Complaining Party with a copy of the Counter Notification;
ii) TraceLink will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
iii) TraceLink will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided TraceLink's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on TraceLink's network or system.