Increase Employee and Customer satisfaction to new heights


Terms & Conditions


Updated: July 1, 2020

I agree that I have read the following terms and conditions that govern the website for Actiontrac.net. Reading this document constitutes an agreement to comply with said terms and conditions. Actiontrac.net is the property of Actiontrac Global LLC. and the use of its services is available to anyone in the United States or Canada on the stipulation that they abide by the Terms and Conditions governing this Service

1. This is an agreement relating to your use of the Actiontrac Global LLC's website (Actiontrac.net) between you and Actiontrac Global LLC. The agreement consists of the Actiontrac Global LLC Privacy Policy and the following terms and conditions. Use of the Actiontrac Global LLC's website (Actiontrac.net) message delivery system constitutes consent to all terms and conditions as outlined below.

Actiontrac.net is an Employee experience software and SMS messaging solution. By using Actiontrac Global LLC's products and services, you and Actiontrac Global LLC. have agreed to the following stipulations:

Actiontrac.net is an Employee experience software and SMS messaging solution. By using Actiontrac Global LLC's products and services, you and Actiontrac Global LLC. have agreed to the following stipulations:

3. Customer & Technical Support: Customer and Technical Support for Actiontrac Global LLC may be contacted during normal business hours. Normal business hours are defined as 7am to 6pm Pacific Standard Time, Monday through Friday. Actiontrac Global LLC's support staff will handle any calls made on holidays or outside normal business hours on the following day.

4. Content: The term "Content" refers to the data you are asking Actiontrac Global LLC. to store, process, or transmit to end users. You represent the following:

You permit Actiontrac Global LLC's website (Actiontrac.net) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on)..

5. Service Level and Third Party Reliance: Uptime for Actiontrac Global LLC's platform is 99.99%. Actiontrac Global LLC, however, for SMS services relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between Actiontrac Global LLC and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of "Force Majeure" as described below.

6. Force Majeure. General. Excluding payment obligations, neither party will be liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes ("Force Majeure event"). If Actiontrac Global LLC. suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, Actiontrac Global LLC. will allow Client a pro rated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.

7. Service may be suspended, cancelled or terminated by Actiontrac Global LLC if the Client's payment for service fails. If this occurs, a series of "Payment Failure" notices will be sent and service will be cancelled or terminated if payment is not received within 14 days.

8. You are responsible for all content transmitted through the SMS Messaging. Actiontrac Global LLC. only provides you with service of sending messages to mobile phones. Actiontrac Global LLC's website (Actiontrac.net) is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.

9. Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by Actiontrac Global LLC. with your knowledge and consent by means of subscribing to ActionTrac services. Your personally identifiable information will not be sold or rented to anyone by Actiontrac Global LLC..

10. Limitation of Liability. Actiontrac Global LLC. will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the ActionTrac solutions. In no event shall ActionTrac’S entire liability to you in respect to any service, whether director or indirect, exceed the annual fees paid by you towards such service.

11. No Warranties. Actiontrac Global LLC. offers no express warranty with regards to its products and services. Actiontrac Global LLC. disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. Actiontrac Global LLC. does not authorize anyone to make any kind of warranty on its behalf.

12. DISCLAIMER Actiontrac.net (the Site) and its contents are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Actiontrac Global LLC. offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the site, services, regulations or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Actiontrac Global LLC. does not represent or warrant that:

  1. The Services will meet your requirements;
  2. The services will be uninterrupted, timely, or 100% error-free;

13. Indemnification. You agree to indemnify and hold harmless ActionTrac, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by ActionTrac.

14. Arbitration. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ActionTrac may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

15. Service Risk. You acknowledge that it is not within the control of Actiontrac Global LLC. how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and Actiontrac Global LLC. becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by Actiontrac Global LLC. . Actiontrac Global LLC. shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. Actiontrac Global LLC. is not responsible for any malfunction, delay, non performance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. Actiontrac Global LLC. will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client the Client shall be responsible for paying all costs associated with reinstating the service. Unavailability resulting from negligent failure of Actiontrac Global LLC. to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require Actiontrac Global LLC. (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. Actiontrac Global LLC. or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other

entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and Actiontrac Global LLC. shall be indemnified by the Client from and against any claim which may be made against Actiontrac Global LLC. in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. Actiontrac Global LLC. shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.

16. Pricing. Actiontrac Global LLC. reserves the right to make adjustments to the pricing of its product/service offering. Actiontrac Global LLC may raise or lower its prices at any time. In the event that Actiontrac Global LLC. makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Actiontrac Global LLC. Actiontrac Global LLC. will deem Clients subscriptions to services acceptable when Actiontrac Global LLC. delivers a confirmation of the subscription to the Client. Actiontrac Global LLC. reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through check, ACH, online credit card, or any other method set forth by Actiontrac Global LLC. SMS payments will be done through credit card and paid as soon as in receipt of invoice. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Actiontrac Global LLC services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client's service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that Actiontrac Global LLC. is not obligated to make any refunds under any circumstances. . However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they reinstate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account subscribers and other data they originally had. To cancel an account, a Actiontrac Global LLC user must email info@Actiontrac.net to make the cancellation request and include the following in the subject line: "Please Cancel ActionTrac Account". Please allow 48 hours to process the cancelation.

17. Unpaid products. Actiontrac Global LLC reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.

18. Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Actiontrac Global LLC., you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this site is strictly prohibited without the express written permission of Actiontrac Global LLC. For information on requesting such permission, please contact us at info@Actiontrac.net.

19. COVID-19. You acknowledge and agree that ActionTrac as a software company will not be held responsible or liable at all (or for any reason) for any COVID-19 illness or any related infections or illnesses that may occur to your employees, customers, partners, suppliers or any person who has interacted with your organization either directly or indirectly.

20. Content Submitted. You grant to Actiontrac Global LLC. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the Actiontrac Global LLC Site(s) (such as bulletin boards, forums and newsgroups) or by email to Actiontrac Global LLC. by all means and in any media now known or hereafter developed. You also grant to Actiontrac Global LLC. the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against Actiontrac Global LLC. for any alleged or actual infringement or misappropriation of any property right in your communications to Actiontrac Global LLC.

21. Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to jurisdiction of the courts in the State of California to resolve any disputes arising under this Terms of Use.

22. Agreement. This policy may be amended at any time, at the discretion of Actiontrac Global LLC. You will be notified of any substantial changes via this Terms of Use page. If you have any questions, comments, clarifications, or ambiguities, or would like to report any violations on the Actiontrac Global LLC's website (Actiontrac.net) please send us your feedback that I have read the following terms and conditions that govern the website for .

23. Agreement. You acknowledge that Actiontrac Global LLC.'s decision to provide services to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and Actiontrac Global LLC. and supersedes all prior or contemporaneous communication between you and Actiontrac Global LLC. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.