Member Account, Password and Security (where applicable):

1.  You will receive a password and user designation upon completing the TrackRoad.com registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

2.  You agree to: immediately notify TrackRoad.com of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. TrackRoad.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.

Warranties:

You Expressly Understand and Agree That: Your use of the service is at your sole risk.  The service is provided on an “as is” and “as available” basis.  TrackRoad.com expressly disclaim all warranties of any kind, whether express or implied.  Including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

1.  TrackRoad.com makes no warranty that

You expressly understand and agree that TrackRoad.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TrackRoad.com has been advised of the possibility of such damages)

Indemnity: 

You agree to indemnify and hold TrackRoad.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claims, liabilities, demands and expenses, including without limitation, attorneys’ fees and legal expenses, made by any third party due to, or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

2.       You understand that the technical processing and transmission of the Service, including your Content, may involve:

3.       You acknowledge and agree that TrackRoad.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to Comply with legal process:

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in, or information presented to Licensee through TrackRoad.com or its’ merchants is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.