This Agreement was last revised on December 13, 2023.
Welcome to mysessiontracker.com, the website and online service of Listen First Labs LLC (“Session Tracker” “we,” or “us”), a New Jersey Limited Liability Company and the developer, owner, and operator of Session Tracker. This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Session Tracker Privacy Policy, whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by posting such changes on our website. Please check the website periodically for changes to the Terms of Use. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, Providers, and others who access the Service (“Users”). Users on any subscription on the Service, whether free or paid, are referred to herein as “Providers,” and are subject to the additional terms and conditions set forth below.
Session Tracker, the Service, is designed for businesses to organize and manage sports, fitness, and other service activities, including classes and sessions, and for their customers, Users, to manage their registrations and their membership standing with their chosen provider.
You may use the Service only if you can form a binding contract with Session Tracker, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Session Tracker.
Your Session Tracker account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Session Tracker account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Session Tracker with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Session Tracker immediately of any breach of security or unauthorized use of your account. Session Tracker will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service via your account settings by logging into your account. By providing Session Tracker your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. If you do not want to receive such email messages, you may opt out by emailing us at support@mysessiontracker.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Session Tracker servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Session Tracker grants the operators of public search engines revocable permission to use spiders to copy materials from www.mysessiontracker.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any unlawful purposes, including, but not limited to, money laundering or the sale of illegal services or products; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) using the Service for medical, mental or emotional diagnosis, advice or treatment, emotional advice, dietary advice, or personal advice of any kind; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
No Sensitive Personal Information. You agree not to use Purchased Services or the Platform to collect, store, process or transmit Sensitive Personal Information. “Sensitive Personal Information” means any of the following: (a) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”); or (b) any other personal data of an EU citizen deemed to be in a “special category” (as identified in EU General Data Protection Regulation (“GDPR”) or any successor directive or regulation).
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SESSION TRACKER USERS AND SESSION TRACKER PROVIDERS, INCLUDING, BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS AT EVENTS, SESSIONS, CLASSES, OR ANY OTHER ACTIVITIES FACILITATED ON OR THROUGH THE SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other Users or Providers. Session Tracker shall have no liability for your interactions with other Users or Providers, or for any User’s or Provider’s action or inaction.
Session Tracker uses commercially reasonable efforts to ensure that information (including pricing) provided by Providers on the Service is accurate, however, Session Tracker makes no warranty or guarantee that any information posted by Providers on the Service is accurate, complete, truthful, or otherwise satisfactory. If at any time Session prices are determined to be inaccurate by Session Tracker in its sole discretion, Session Tracker will, in the event of an overcharge, provide you with a credit for the difference, and, in the of an undercharge, give you the option to receive a full refund or to pay the difference in price.
IN NO EVENT WILL SESSION TRACKER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR ACTIVITIES WITH OTHER USERS OR PROVIDERS ON THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IF YOU INTERACT WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR PARTICIPATE IN ANY SPORTS OR FITNESS ACTIVITIES. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE BEGINNING OR CHANGING A FITNESS PROGRAM TO MAKE SURE THAT THE ACTIVITY IS APPROPRIATE FOR YOU.
Some areas of the Service allow Users to post and/or store content such as profile information, notes, photographs, comments, questions, location information, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Session Tracker reserves the right, but is not obligated, to reject and/or remove any User Content that Session Tracker believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and Session Tracker's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Session Tracker may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Session Tracker takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Session Tracker shall not be liable for any damages you allege to incur as a result of User Content.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Session Tracker a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Session Tracker’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. You understand and agree, however, that Session Tracker may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
A Session Tracker Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Session Tracker reserves all rights not expressly granted herein in the Service and the Session Tracker Content (as defined below). Session Tracker may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Session Tracker Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Session Tracker and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Session Tracker Content. Use of the Session Tracker Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Session Tracker under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Session Tracker does not waive any rights to use similar or related ideas previously known to Session Tracker, or developed by its employees, or obtained from sources other than you.
A. Billing Policies; Payment Information. Certain services may be offered by Providers for a fee or other charge. You understand and agree that the Provider is solely responsible for charges and fees related to all services managed through Session Tracker. Session Tracker may store your payment information on behalf of the provider for your convenience, as controlled by your account settings. Authorization to charge your chosen payment method will remain in effect until you cancel or modify your preferences. Providers may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
B Refunds. Each individual Provider has their own refund policy. The Provider is entirely responsible for issuing refunds from their chosen payment processing services, or by cash.
C Cancellations; No-Shows. If a Session is canceled for any reason, or if the Session does not occur on the scheduled date, it is the Provider’s responsibility to issue a refund in accordance to their refund policy.
The following provisions apply to Providers only. These rules supplement any additional rules or policies Session Tracker may provide to Providers from time to time.
A Refunds. Session Tracker is not responsible for making any refunds from any of your chosen payment services. It is advised that you establish a clear refund policy to govern refund requests submitted by Users for Sessions and services you manage with Session Tracker. The policy should include provisions governing cancellations due to inclement weather or other unforeseen circumstances, no-shows by other participants or by you, and a dispute resolution process.
B User Data. Any User data provided to you by Session Tracker, including User names and e-mail addresses, must be treated as confidential, and used strictly in accordance with the Session Tracker Privacy Policy. You must notify Session Tracker and all affected Users immediately in the event the security of any User data is compromised, and take immediate steps to mitigate any further disclosure of User data. If you communicate with Users for marketing or promotional purposes, you must provide clear opt-out instructions in each e-mail you send, and comply with all requests from Users who no longer wish to receive such communications from you.
C Payment Services Through Stripe. We integrate with third-party payment processor, Stripe, to permit certain payment processing functionalities as part of the Service. We refer to these payment services and functionalities as integrated with Stripe as “Session Tracker Payments.” Whether you receive payment services through Session Tracker Payments, or directly with Stripe, for purposes of the Agreement we will refer to all of these functions as “Payment Services.” Payment Services are provided by Stripe and your receipt of Payment Services will be subject to Stripe’s separate Stripe Connected Account Agreement, available here. The Stripe Connected Account Agreement and Stripe’s Terms of Service shall be referred to collectively as the “Stripe Services Agreement.”
If you receive Payment Services through the Service, then in addition to being subject to our Agreement, you also accept and agree to be bound by the Stripe Services Agreement. As a condition to your receipt of Payment Services and enabling the Service, you agree to provide us with complete and accurate information about your business and you expressly authorize us to share this information with Stripe, including, as applicable, any transaction-related information, for your receipt and use of Payment Services. Any applicable Fees or other charges (including, without limitation, fees for chargebacks, collection fees, convenience fees, or charges incidental to the collection of delinquent accounts) related to Payment Services are described in your Order Form. During the Term of the Agreement, if Stripe increases its payment processing fees on transactions run at your business location (which would normally be the result of increased fees charged by the major card brand networks), we shall have the right to pass along these fee increases to you and adjust your Fees for Payment Services accordingly. In this instance, we will use reasonable efforts to notify you in writing (email will be sufficient) at least 14 days in advance of such fee increases taking effect.
By entering into this Agreement, you authorize and expressly permit us to collect any Fees (including Fees related to Payment Services) or other amounts owed to us under the Agreement directly from the funds payable to you as the result of your receipt of Payment Services. If the amount of funds payable to you after payment settlement is insufficient to cover our Fees or other amounts owed to us under the Agreement, then we may charge or debit your bank account or credit card associated with the account or seek Fees from another business location where you receive Payment Services through the Platform.
All merchants or sub-merchants receiving Payment Services must submit to risk underwriting prior to receiving Payment Services. As a condition of your receipt of Payment Services, you consent to and agree to cooperate with our or Stripe’s standard underwriting process, including, without limitation, providing us with documentation or information that we reasonably request. We may, as circumstances dictate, require an owner or principal associated with Provider to sign a personal guarantee for receipt of Payment Services. You consent to receiving communications from us, or our authorized agent for Payment Services, relating to any matter related to your Payment Services account, including, without limitation, emails or calls seeking to collect on a delinquent account.
D Session Obligations. By posting an Session on the Service, you are responsible for ensuring that the Session occurs on the scheduled date and time, and in accordance with the terms and details you provide to your Users either through the Service or by other means. If the Session details change, you must notify all Users attending that Session of the change as promptly as practicable. Failure to adhere to the terms of this section may result in the suspension or permanent removal of your account, in Session Tracker’s sole discretion.
E Contact Information. You must provide at least one method of communication (e-mail address or phone number) for your Users to contact you with questions or comments. Further, you agree to respond to all reasonable questions and requests from Users in a timely manner. Failure to adhere to the terms of this section may result in the suspension or permanent removal of your account, in Session Tracker’s sole discretion.
F Data Protection. We comply with EU data protection rules, namely the General Data Protection Regulation. In the UK those rules are to be set out in the Data Protection Act 2018. Providers are each independent "data controllers" for the data related to their Users, and so we each have our own separate responsibilities for ensuring that data is protected legally and technically. Separately, if you use a third party service with Session Tracker, you are responsible for ensuring your data is transferred to them, stored and treated in a way you’re happy with (we’re not responsible for this).
G Trials, Evaluations & Beta Licenses. Service offerings provided for trials and evaluations, are provided at no charge, and their use will be for the specified limited duration. Some Service offerings may be available to you as a preview, or as a beta or other pre-release version (each, a “Beta Offering”). All rights for Beta Offerings are solely for internal testing and evaluation. Your use of a Beta Offering will be for the term specified by us, and if no term is specified, then for the earlier of one year from the start date of the Beta Offering or when that version of the Beta Offering becomes generally available. We may discontinue the Beta Offering at any time and may decide not to make any of the features and functionality generally available. Notwithstanding anything to the contrary in this Agreement, we do not provide maintenance and support, warranties, or indemnification for free trials, evaluations or Beta Offerings.
H Fees. You agree to pay all Fees applicable to your subscription as posted on www.mysessiontracker.com. Fees are non-cancelable and non-refundable, except as otherwise expressly set forth in this Agreement. Without limiting any of our other rights or remedies herein, overdue charges may accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. All Fees must be paid in the currency invoiced. We reserve the right to increase your Fees at the start of each renewal term.
Payment Due Date; Dispute Procedures. Fees are due and payable when charged by Stripe. Please report any errors immediately. If you fail to raise an objection to any fees within 30 days after the date you receive it, the fees will be presumed correct. You must pay the undisputed portion of all invoices as required by the Agreement. Your obligation to pay fees is not contingent on the delivery of any enhancements, or dependent on any oral or written public comments made by us regarding any future functionality or feature. Your failure to pay fees or any other amounts owed to us under the Agreement may be considered a material breach of the Agreement.
Credit Cards. If you choose to pay by credit or debit card, you (a) will provide Session Tracker or its designated third-party payment processor with valid credit or debit card information; and (b) hereby authorize Session Tracker or its designated third-party payment processor to charge such credit or debit card for all amounts permitted by the Agreement, including Fees for Purchased Services. Such charges must be paid in advance or in accordance with any different billing frequency stated upon sign up.
Taxes. All fees quoted are exclusive of applicable taxes and duties, including any applicable sales and use tax. You are responsible for paying any taxes or similar government assessments (including, without limitation, value-added, sales, use or withholding taxes). We will be solely responsible for taxes assessable against us based on our net income, property and employees.
Collection. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
Session Tracker cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Session Tracker’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Session Tracker’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Session Tracker to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Listen First Labs LLC
Email: support@mysessiontracker.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Session Tracker and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Session Tracker's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Session Tracker has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Session Tracker may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Session Tracker. Session Tracker does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Session Tracker’s Privacy Policy do not apply to your use of such sites. You expressly relieve Session Tracker from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Session Tracker shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Session Tracker and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your involvement in any and all sessions and other events posted on the Service you may choose to engage in offline, including without limitation, physical activities, classes, sessions, or pick-up events; (ii) your use of and access to the Service, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule or regulation; (vi) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SESSION TRACKER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SESSION TRACKER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SESSION TRACKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SESSION TRACKER SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SESSION TRACKER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SESSION TRACKER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BODILY INJURY, DEATH, OR EMOTIONAL DISTRESS , THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OR PROVIDER. UNDER NO CIRCUMSTANCES WILL SESSION TRACKER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SESSION TRACKER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SESSION TRACKER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SESSION TRACKER HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SESSION TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. Session Tracker makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Session Tracker without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A Governing Law. You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Session Tracker, either specific or general, in jurisdictions other than New Jersey. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise agreed between the parties or as described in Section 16.B. below, any claim or dispute between you and Session Tracker that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hudson County, New Jersey, unless submitted to arbitration as set forth in the following paragraph.
B Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C Notification Procedures. Session Tracker may provide notifications, whether such notifications are required by law, for providing updates on changes to this Agreement, or for marketing or other business related purposes, to you via email notice, written or hard copy notice, through posting of such notice on our website, or through any other electronic format, as determined by Session Tracker in our sole discretion. Session Tracker reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Session Tracker is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@mysessiontracker.com to your email address book to help ensure you receive email notifications from us.
D Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Session Tracker in connection with the Service, shall constitute the entire agreement between you and Session Tracker concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Session Tracker's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at support@mysessiontracker.com with any questions regarding this Agreement.