ACCEPTANCE OF TERMS
Welcome to www.TrakGX.com, a website owned, hosted, and maintained by Enterprise Database Corporation (“EDC®”). Please read these Terms of Use (TOS) carefully because your visit to this website constitutes an acceptance of these TOS. We also encourage you to read our Privacy Policy.
www.TrakGX.com provides information about one or more EDC® business products and services, news about the company, and other general information. Any and all visitors to this website must be at least 18 years of age or accompanied by an adult. Use of this website always constitutes complete acknowledgment and agreement to the TOS and Privacy Policy that are in force at that time, in their entireties.
ELECTRONIC COMMUNICATIONS
When you visit www.TrakGX.com, send us requests for product demonstrations, or send e-mails to us, you are communicating with us electronically and you consent to be contacted by us. We may contact you by e-mail, telephone, mail, or my posting notices on this website.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EDC and protected by United States and international copyright laws. Where third-party company name, product, or service logos are used, they are used with permission from such third-party.
TRADEMARKS
EasyDPS®, EasyDPS.com, EDC-MoveStar®, EDC-MoveStar® Mobile, EDC-MoveStar.com, EDC-AgentLink®, EDC-AgentLink.com, GOgistiX™, GOgistix.com, TrakGX™, TrakGX.com, GOgistiX® Mobile, GOgistiXMobile.com, TSP Contact, TSPContact.com, EDCUS.com, Enterprise Database Corporation, EDC®, and other EDC® graphics, logos, page headers, button icons, scripts, and service names are registered marks, trademarks or trade dress of EDC®. EDC’s registered marks, trademarks and trade dress may not be used in connection with any product or service that is not EDC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EDC®.
WEBSITE ACCESS
You may not, without limitation: (a) make any resale or commercial use of the website or its content; (b) make any derivative use of the website or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the website. Except as expressly stated in these TOS, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, registered mark, trademark, copyright, or proprietary right of EDC® or any third party. Elements of the website, including page headers, custom graphics, logos, sounds, images and button icons are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, frame, or utilize framing techniques to enclose any EDC® registered mark, trademark, logo, or other proprietary information (including the images and photographs found on this website, the content of any text and/or the layout or design of any page of the website) without EDC’s express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing EDC’s names and trademarks without the express written consent of EDC®. Any unauthorized use of this website will terminate the permission granted by these TOS and may violate copyright, trademark, and other laws. You have the right to create a hyperlink to the home page of EDCUS.com.com so long as the link does not portray EDC®, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any EDC® logo or other proprietary graphic or trademark as part of the link without express written consent.
COMMENTS AND COMMUNICATIONS
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Visitors may not impersonate any person or entity, or otherwise mislead us as to the origin of the communication.
LINKS TO OTHER WEBSITES
We may provide links to the sites of other businesses and to government organizations. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses and government institutions or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of these third-party websites. You should carefully review their privacy policies and their terms of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EDC® ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EDC® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDC® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDC® DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDC® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MISCELLANEOUS
You understand and agree that this TOS constitutes the entire agreement between you and EDC®. The TOS and the relationship between you and EDC® shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and EDC® agree to submit to the jurisdiction and venue of the Virginia courts located within the County of Fairfax, Virginia and the United States District Court for the Eastern District of Virginia. The failure of EDC® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EDC® may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or EDC® contrary to those set above.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and the TOS at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CONTACT US
If you have any questions about the TOS, please send us an email to Info@EDCUS.com or write to us at the address listed in the Contact Us section.