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Privacy Policy

Thank you for visiting www.re-trax.com (the “Website”). We value and respect your privacy, and this privacy policy (the “Privacy Policy”) is designed to assist you in understanding how we collect, use, and protect any information you may provide to us. Our Terms of Use available here describe the terms and conditions governing your access to and use of the Website and are incorporated herein by reference and form an essential part of the Privacy Policy. Your use of the Website, and continued use of the Website following any changes to the Privacy Policy, signifies your consent to be legally bound by both the terms and conditions of the Privacy Policy and those set forth in our Terms of Use. If you do not agree to the terms of the Privacy Policy, please do not use the Website or provide any information to us.

The Information We Collect.

In order to use the Website to and submit comments, interact with other users , post reviews, and upload recommendations, you will need to create an account. To set up an account, we collect several personally identifiable information (“Personal Information”). We may also collect certain indirect and/or aggregate information as a result of your use of, and interaction with, the Website (“Usage Information”).

PERSONAL INFORMATION

When you create your account, we may ask you to provide Personal Information, including your:

Name
E-mail address
Mailing address/Zip Code
Business Name and Industry
Also, your email address and/or your domain name may be automatically recognized when you visit our Website.

You may choose not to provide your Personal Information; however creating an account is a prerequisite for using the full functions of the Website.

CREDIT CARD INFORMATION

In certain circumstances, you may be required to provide credit card information. In such event, it is our policy to redirect you directly to a payment processing portal hosted by a third party payment processor. WE DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD INFORMATION. PLEASE READ THE PRIVACY POLICY ON OUR PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT CARD INFORMATIONBEFORE SUBMITTING ANY CREDIT CARD INFORMATION.

USAGE INFORMATION

We may also certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to collect Usage Information and track and record how you use the Website. If our Website offers shopping, we may use cookies to keep track of items in your shopping cart. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Website and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Website. We do not use spy ware, adware or any other similarly intrusive software. We also use other technology, called clear GIFs, to provide us with other important anonymous information, such as when an e-mail has been opened.

Use of Information Collected.

We use your information in order to provide the services you request and to analyze, manage and improve the Website. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to complete the specific transaction that you request; we do not condition your participation in any specific activity on our Website, including any transaction, on the disclosure of more Personal Information than is reasonably necessary to complete such that specific activity and/or transaction. Information such as traffic patterns and the number of page visits help us to further develop and improve the Website layout to better meet your needs. We also use information such as your name and e-mail address to contact you, respond to your inquiries, and send you information. We may use such information to notify you of special offers and other services that we believe may be of interest to you, or to notify you of important new changes to the Website, or to notify you that you have been selected as a winner of a contest or sweepstakes or to send you current mailings. In addition, you expressly authorize us to share your personal information with to the extent necessary to complete any inquiry or transaction that you initiate. (Please also note that when you order merchandise, you may be transferred to different web site, which has a different privacy policy. Please review this privacy policy before ordering any merchandise). If you do not want to be contacted for these purposes or if you would like to obtain a copy of the personal information gathered by this Web site or correct or delete such information from our Web site's database, you can always send us an e-mail with your concern or question by visiting our CONTACT US section. Finally, we use collected information to help us diagnose problems with our server or other technical issues relating to the performance of the Website. You should be aware that if you voluntarily disclose personally identifiable information (e.g., name, email address, personal photographs) on a bulletin board, chat room or on any other community forum offered on the Website, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type use of your personally identifiable information and, as such. cannot be responsible.

Disclosure of Your Information

We may disclose the information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Website, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce the Terms of Use, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Website; (b) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing any request information on your behalf.; or (d) otherwise with your consent. We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control In such transactions, your Personal Information may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We may use your Usage Information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. We do not sell your Personal Information, to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to info@re-trax.com Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.

Opting-Out

You may opt-out of receiving communications about special offers or programs by clicking on a link provided at the bottom of the email communication.

CHILDREN’S PRIVACY

The Website is not directed to, and we do not knowingly collect Personal Information from, persons under the age of 13. If you are under 13 years of age and have entered this Website, you must immediately leave this Website. UNDER NO CIRCUMSTANCES MAY YOU SUBMIT PERSONAL INFORMATION TO US IF YOU ARE UNDER 13 YEARS OF AGE.

SECURITY PROCEDURES

We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. For the avoidance of doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information or Usage Information.

Special Note to International Users

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, the Privacy Notice, and the Terms of Use, you are transferring your Personal Information to the United States and you consent to (i)such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the State of Colorado and the federal courts sitting in St. Louis, Colorado. Any claim or dispute between you and us that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in St. Louis, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Changes and updates to the Privacy Policy

From time to time, we may revise the Privacy Policy. To help you stay current of any changes, we take the following two steps: (i) we note the date the Privacy Policy was last updated below (ii) when we make a change to the Privacy Policy, we post conspicuous announcement of such changes on the homepage of the Website for 30 days following the date the Privacy Policy was updated. Your use of the Website following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we strongly recommend that you check back the Privacy Policy periodically. If, and only if, we makes revisions to the Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, we will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

If you disagree with the terms of any Privacy Policy at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in Privacy Policy. Continued use of the Website constitutes your agreement to any Privacy Policy as in effect.

Miscellaneous.

If any part of the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect.

Terms of Use

Thank you for visiting www.re-trax.com (the “Website”), which is owned and provided by RE-Trax LLC., (“RE-Trax”). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy which is available at www.re-trax.com/privacy-policy please do not use the Website or any services offered by the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Premium Member Accounts—In order to use certain features of the Website, you will have to create an account (“Account”). You may never use another User’s Account without permission or provide false or fake information during registration. We may immediately terminate your account if you violate this section.

Intellectual Property Ownership—Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by RE-Trax (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between RE-Trax and you, all right, title and interest in and to the Content will at all times remain with RE-Trax and/or its Owners. The word “RE-Trax,” the “RE-Trax” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of RE-Trax. With respect to any logos or marks of any persons, entities and/or companies submitted by other users of the Website (“Users”), such use is at the sole responsibility of such Users who store the Content upon RE-Trax’s servers and/or system solely at the direction of such user, and subject to the protections afforded to RE-Trax as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998. Please see the Digital Millennium Copyright Act section below for more details on RE-Trax’s policies and procedures regarding any issues in relation thereto. Limited Use; Restrictions on Use—The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited. You are permitted to use the Content and/or any services and products on the Website for lawful purposes only. RE-Trax grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without RE-Trax’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of RE-Trax in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to RE-Trax, the Owner, or any third party referenced therein. RE-Trax reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under RE-Trax’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, RE-Trax may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third Party Links—From time to time, the Website may include features and functionality that allow you to interacts with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). RE-Trax provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. RE-Trax is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon RE-Trax or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with RE-Trax (if any) or any consideration you may receive from RE-Trax in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding RE-Trax or any of its products on any Social Media Site regardless of any material connection you may have with RE-Trax or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING RE-Trax OR ANY OF RE-Trax’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT RE-Trax, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Submitted Ideas—While RE-Trax appreciates your interest, it cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of RE-Trax. Further, you understand and acknowledge that RE-Trax employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that RE-Trax is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that RE-Trax assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, RE-Trax shall exclusively own, and you hereby irrevocably transfer and assign to RE-Trax, all now known or hereafter existing rights in and to the suggestion, and RE-Trax shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

Community Guidelines—In addition to links to Social Media Sites, the Website itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the RE-Trax relevant sections of the Social Media Sites, the “Community Forums”). Although RE-Trax may from time to time review the Community Forums, you acknowledge RE-Trax is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. RE-Trax reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums. By using this site, you: (a) direct RE-Trax to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant RE-Trax an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature. You are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange;
Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose RE-Trax or its affiliates or its users to any harm or liability of any type.
THIS WEBSITE IS NOT AN ARCHIVE AND RE-Trax shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible formaintaining independent archival and backup copies of any Submission.

United States Only—By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the RE-Trax Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Colorado. Any claim or dispute between you and RE-Trax that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in St. Louis, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Disclaimers—Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then RE-Trax hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from RE-Trax, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, RE-Trax does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. RE-Trax reserves the right to change any part of the Website at anytime without notice.

Limitation of Liability—Your use of the Website is at your own risk. Neither RE-Trax, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if RE-Trax was advised of the possibility of such damages. If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against RE-Trax and its affiliates, agents, representatives and licensors arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of RE-Trax and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Digital Millennium Copyright Act—RE-Trax is committed to respecting and protecting the legal rights of copyright owners. As such, RE-Trax adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to RE-Trax’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
RE-Trax’s Copyright Agent to receive DMCA Takedown Notices is: email: info@re-trax.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for RE-Trax to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from RE-Trax.

Ability to Accept Terms of Use—You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RE-Trax without restriction.

Notice— From time to time, RE-Trax may revise the Terms of Use. To help you stay current of any changes, RE-Trax takes the following two steps: (1) RE-Trax notes the date the Terms of Use was last updated below and (2) when RE-Trax makes a change to the Terms of Use, RE-Trax posts conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. RE-Trax strongly recommends checking Terms of Use periodically. If, and only if, RE-Trax makes revisions to the Terms of Use that result in a material lessening of the restrictions on RE-Trax’s use or disclosure of your Personal Information, RE-Trax will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

Miscellaneous—RE-Trax’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.