TRAQ BY ALEGRIA® APP TERMS OF SERVICE
 
These Terms of Service (“Terms”) apply to your access and use of the TRAQ Services. The “TRAQ Services” includes our footwear, applications, software, websites, APIs, products and services.  These Terms are an agreement between you and Pepper Gate Footwear, Inc., 910 South Wanamaker Avenue, Ontario, California, 91761.  The terms “TRAQ,” “we,” “us,” or “our,” refer to Pepper Gate Footwear, Inc., which provides you with the TRAQ Services. 
 
You must accept these Terms to create a TRAQ account and to access or use the TRAQ Services. If you do not accept these terms, do not create an account or use the TRAQ Services.

 

  1. Privacy Policy. For information about our data practices, please see our TRAQ Privacy Policy.  By accessing or using the TRAQ Services, you agree that we can collect and use your information in accordance with the TRAQ Privacy Policy.

 

  1. Use of TRAQ Services. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the TRAQ Services.  Additionally, you cannot access or use the TRAQ Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the TRAQ Services.  You may only connect to the TRAQ Services using:  (i) a device that is manufactured, distributed, or sold by us or through our authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices.  You may not connect to the TRAQ Services with any device that is not manufactured, distributed, or sold by us or our authorized resellers or agents (such as a knock off or counterfeit versions of a TRAQ shoe); otherwise intends to resemble or purports to be a TRAQ device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the TRAQ Services.

 

  1. Account Activity. Use of the TRAQ Services requires that you create an account by providing us with your full name, email address, and password. You are responsible for all activity that occurs with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.  Please contact acctinfo@traqnation.com if you discover or suspect any security breach in relation to the TRAQ Services or your account. 

 

  1. Access to TRAQ Services. Use of the TRAQ Services is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the TRAQ Services and it is your responsibility to ensure the equipment’s functionality.

 

  1. User Content. We may enable you to post, upload, store, share, send, or display photos, images, video, data, text, exercise regimens, comments, and other information and content (“User Content”) to and via the TRAQ Services.  You retain all rights to your User Content that you post to the TRAQ Services.  By making User Content available on or through the TRAQ Services you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute User Content, in whole or in part, including your name and likeness, in any media. The rights you grant us herein are only for the limited purpose of offering and improving the TRAQ Services.  You are responsible for your User Content.  You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. 

You represent and warrant that your User Content, the use and provision of your User Content on the TRAQ Services, and your use of the TRAQ Services will not:  (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. 

You further agree not to:  (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the TRAQ Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the TRAQ Services, or which may expose us or our users to any harm or liability of any type.

TRAQ may, in its sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the TRAQ Services.

 

  1. TRAQ Rights. “TRAQ Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the TRAQ Services. TRAQ Content, the TRAQ Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.  We reserve all rights not expressly set forth in these Terms.  You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the TRAQ Services.  Our logos and any other trademarks that may appear on the TRAQ Services, and the overall look and feel of the TRAQ Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the TRAQ Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.  

 

  1. Your Rights. TRAQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:  (1) access and use the TRAQ Services, (2) access and view the TRAQ Content, (3) access and use the software and mobile applications provided by the TRAQ Services, and (4) use the software that is embedded into TRAQ devices as authorized in these Terms.  This license is provided solely for your personal, non-commercial use and enjoyment of the TRAQ Services as permitted in these Terms.  You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the TRAQ Content, TRAQ Services or any portion thereof, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TRAQ or its licensors, except for the licenses and rights expressly granted in these Terms. 

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the TRAQ Services: (1) use, display, mirror, or frame the TRAQ Services or any individual element within the TRAQ Services, including the layout and design of any page, without TRAQ’s express written consent; (2) use the TRAQ name, any TRAQ trademark or logo, or any TRAQ proprietary information without our express written consent; (3) access or tamper with non-public areas of the TRAQ Services or TRAQ’s computer systems; (4) test the vulnerability of any TRAQ system or breach any security or authentication measures; (5) circumvent any technological measure implemented by TRAQ or any other third party (including another user) to protect the TRAQ Services; (6) access the TRAQ Services or TRAQ Content through the use of any mechanism other than the TRAQ Services or TRAQ API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that TRAQ provides to you or any other part of the TRAQ Services.

 

  1. Enforcement Rights. We are not obligated to monitor access or use of the TRAQ Services, TRAQ Content, or your User Content or to review or edit any TRAQ Content or your User Content, but we have the right to do so for the purpose of operating the TRAQ Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.  We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.  We reserve the right, but are not required, to remove or disable access to the TRAQ Services, any TRAQ Content, or your User Content at any time and without notice, and at our sole discretion, if we determine that the TRAQ Content, your User Content, or your use of the TRAQ Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the TRAQ Services, and in response may take any action we may deem appropriate. 

 

  1. Use At Your Own Risk. You rely on any TRAQ Content or the TRAQ Services at your own risk.  We make no endorsement, representation, or warranty of any kind about any TRAQ Content, information, or services. The accuracy of the data collected and presented through the TRAQ Services is not intended to match that of medical devices or scientific measurement devices.  We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the TRAQ Services. 

 

  1. Promotions and Contests. Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by TRAQ or its partners. It is your responsibility to carefully review those terms and conditions. 

 

  1. Notifications. As part of your use of the TRAQ Services, you may receive notifications, messages, alerts, emails, and other electronic communications.  You agree to the receipt of these communications.   We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier.  Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing. 

 

  1. Third-Party Services. The TRAQ Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under our control.  This may include the opportunity for you to link your TRAQ account or the TRAQ Services with Third-Party Services.  We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services.  You acknowledge that any Third-Party Services that you use in connection with the TRAQ Services, such as third party applications accessed on TRAQ devices, are not part of the TRAQ Services and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services.  You also acknowledge that these Terms and the TRAQ Privacy Policy do not apply to any Third-Party Services.  You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. 

 

  1. Changes to the TRAQ Services. We may change or discontinue, temporarily or permanently, any feature or component of the TRAQ Services at any time without notice.  We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the TRAQ Services.  We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TRAQ products without prior notice to you. 

 

  1. Termination. We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the TRAQ Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your User Content and other information related to your account. 

 

  1. Disclaimers. THE TRAQ SERVICES AND TRAQ CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.  WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRAQ SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  We make no warranty that the TRAQ Services or TRAQ Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the TRAQ Services or TRAQ Content. 

 

  1. Indemnity. You will indemnify and hold harmless us or our officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with:  (i) your access to or use of the TRAQ Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms or (iv) your violation of any law or the rights of a third-party.  We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

 

  1. Limitation of Liability. NEITHER TRAQ, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TRAQ SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TRAQ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAQ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TRAQ SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE TRAQ SERVICES OR ONE-HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRAQ, AS APPLICABLE. 

 

  1. Dispute Resolution. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE TRAQ SERVICES, (COLLECTIVELY, “DISPUTES”) WILL BE GOVERNED BY THE ARBITRATION. Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.  You and TRAQ agree to resolve any Disputes through final and binding arbitration, except as follows:  (i) either you or TRAQ may assert claims, if they qualify, in small claims court in Ontario, California or any United States county where you live or work; (ii) either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of TRAQ products or the TRAQ Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.  You may only resolve Disputes with TRAQ on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.  Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and TRAQ agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Bernardino County, California.  Both you and TRAQ consent to venue and personal jurisdiction there. Both parties agree to waive the right to a jury trial.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of TRAQ products or the TRAQ Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.  You can decline this agreement to arbitrate by contacting acctinfo@traqnation.com within thirty (30) days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

 

  1. General Terms. Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between TRAQ and you regarding the TRAQ Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TRAQ and you regarding the TRAQ Services and TRAQ Content.  We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the TRAQ Services.  When you use the TRAQ Services after a modification becomes effective, you are telling us that you accept the modified Terms.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.  You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without TRAQ’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null.  TRAQ may freely assign or transfer these Terms without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.  Any notices or other communications provided by TRAQ under these Terms, including those regarding modifications to these Terms, will be given:  (i) via email or (ii) by posting to the TRAQ Services.  For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.  TRAQ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TRAQ.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

  1. Contact Us.

Via e-mail at acctinfo@traqnation.com

Via mail:

Pepper Gate Footwear, Inc.
Attn:  Legal
910 South Wanamaker Avenue
Ontario, California  91761