Introduction & Scope
By accessing the website at www.ontrackdevotions.com and/or using any of our Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of Eleven:6, LLC’s stated Services, in accordance with and subject to prevailing applicable laws for our sale of goods.
Henceforth, by accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy (on behalf of yourself or the entity that you represent), in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services. Please, ensure that you read them thoroughly, because, by using Eleven:6, LLC, you consent to these Terms.
Definitions
The following terms shall have the following meaning:
“Us”, “Ours”, “OnTrack”, “Eleven:6, LLC”: Eleven:6, LLC, the company behind the OnTrack Devotions brand.
“You”, “the User”: person or customer using Eleven:6, LLC provided services and/or having an account allowing access to our Services.
“Application”, “App”: mobile application created through Eleven:6, LLC and made available to the public for download from a third-party platform.
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“End User”: person who uses one or more Applications created using the Services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by End Users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“Order”: online purchase of or subscription to our Service(s).
“Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.
“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
“Privacy Policy”: means our Privacy Policy.
1. Account Terms
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, telephone number, a valid email address, and any other information requested in order to complete the signup process.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- If you find any link on our Services that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
2. Account Suspension & Termination
Eleven:6, LLC encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section which can be accessed through the dropdown at the side of your username. We may terminate or suspend your Eleven:6, LLC account if you go contrary to any Eleven:6, LLC policies or for any other reason(s), which we will notify you about.
3. Payment Terms
We rely on authorized third-party payment processors in order to bill Orders through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers.
Such third party payment processors are also the ones that process, manage, operate and deliver the payments of your end customers, not Eleven:6, LLC. For more information, please refer to the terms of use of our third party payment processing platform, which may include Stripe or PayPal.
Accordingly, Eleven:6, LLC shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.
3.1 Disputes & Charge-backs
In the future, users may provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Eleven:6, LLC for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Eleven:6, LLC as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
3.2 Refunds
While you may cancel your subscription at any time. Find out more details about the refund policy and how it applies to each product we sell. Read more about our Refund Policy.
3.3 Application Approval
Eleven:6, LLC will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, we do not and cannot guarantee approval.
3.4 Subscription Billing Start Date
Your initial subscription billing will start on the date you receive access to the purchased product. This is normally on the same day you make your purchase, or in the case of a pre-launch, it is the day the product is released and you receive access to it. Your card will then be charged on the same day of every month or year that follows, depending on the plan you chose, until you cancel your account.
3.5 Automatic Subscription Renewal
To ensure uninterrupted service, Eleven:6, LLC will automatically bill you for your subscription on each renewal period thereafter until cancellation when an existing subscription is set for recurring payments.
3.6 Up to Date, Payment Details
To avoid any interruption in the service, the User shall maintain up to date credit card details in their account dashboard.
3.7 Billing Questions
For any billing related questions, please contact Eleven:6, LLC via [email protected].
4. Cancellation, Termination and Service Suspension
4.1 Cancellation
You may cancel your subscription at any time by sending an email to [email protected] from the same email used in your account. Your request will be processed and subscription will be cancelled within generally up to 7 days.
4.2 Termination & Suspension
Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle Eleven:6, LLC to immediately suspend your account, including service to your application and provision of services to you, including paid services.
4.3 Service Reactivation
One cancelled, your subscription cannot be re-activated. You will need to make a new purchase if you would like to launch a mobile application.
5. Changes to our Services and Pricing
Eleven:6, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice.
Any changes will be displayed in the Service, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Prices of all Services, including but not limited to monthly subscription plan fees to provided Services, are subject to change upon a 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (ontrackdevotions.com).
Eleven:6, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.
The OntTrack Devotions App uses Google’s Firebase service to send push notifications. This service is provided by Google for free. While we believe this is unlikely, if Google were to turn this into a paid service, we may need to find alternatives or provide a paid solution, which may involve additional costs to you.
Eleven:6, LLC Limited Guarantee
Eleven:6, LLC shall make all commercially reasonable efforts to ensure that any interface or integration from a third party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as Amazon Web Services and other infrastructure and cloud computing providers.
Accordingly, you agree that: (a) Eleven:6, LLC cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (b) Eleven:6, LLC shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party provider or system, Eleven:6, LLC will use its commercially reasonable efforts to resolve the issue.
6. Copyright & Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Eleven:6, LLC. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.
7. Copyright Takedown Notices
For information about how to submit a request for takedown if you believe content on Eleven:6, LLC infringes your intellectual property rights, please contact us.
Eleven:6, LLC takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: “Takedown Request”. Once received, Eleven:6, LLC will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, Eleven:6, LLC may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice.
8. Content Licenses.
8.1 Limited License by Eleven:6, LLC
Eleven:6, LLC grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access Eleven:6, LLC and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using Eleven:6, LLC, in whole or in part. Eleven:6, LLC does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
Please be reminded that we have the discretion to terminate our license to you at any time for any reason. We have the right, but not the duty, to refuse to share any content on Eleven:6, LLC or to remove or delete said content. Apart from the rights and license granted in these Terms, we reserve all other rights and grant no license, implied or otherwise.
8.2 User Materials License
Eleven:6, LLC allows or may allow Authors, Users and End Users to add posts, texts, photos, videos, links, including questions and answers, and other files and information about your products, services, benefits and experiences provided. Henceforth, for every material and content piece that you upload, publish or display to others via the Service you acknowledge and agree that, having agreed to be bound by these Terms, your User Material may be viewed or accessed by the general public.
Accordingly, as an Author you hereby grant Eleven:6, LLC an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered via Eleven:6, LLC or the Services. You represent and warrant to Eleven:6, LLC that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Eleven:6, LLC as set forth herein.
8.3 Feedback License
All users hereby grant Eleven:6, LLC an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Eleven:6, LLC regarding the Services.
9. General Conditions
Support is only provided via our Help Desk. Currently, we do not provide support via any other channel (including, but not limited to email, Twitter, Facebook or over the phone).
By submitting materials (e.g. your logo, brand guidelines etc.) to Eleven:6, LLC for inclusion on your app, you grant Eleven:6, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app. Without limiting any of those representations or warranties, Eleven:6, LLC has the right (though not the obligation) to, in Eleven:6, LLC’ sole discretion: (i) refuse or remove any app that, in Eleven:6, LLC’ reasonable opinion, violates any Eleven:6, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Eleven:6, LLC’ sole discretion. Eleven:6, LLC will have no obligation to provide a refund of any amounts previously paid.
You understand that Eleven:6, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Eleven:6, LLC service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Eleven:6, LLC.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Eleven:6, LLC customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
10. App Mandatory Guidelines
We want to make the OnTrack Devotions app the best option to engage personal Bible study skill development and to build biblical community around the Word of God. We need your help to ensure the OnTrack Devotions app remains a reputable and trusted service that provides value to all end users, partners and app stores. We therefore request that the following guidelines and covenants be respected at all times:
You shall only create groups and/or content — or post content or link to content — that edifies biblical spiritual growth at the personal and community level within the parameters of biblical conduct, honoring the biblical purposes and authority of the local church;
You will engage other individuals and organizations/groups with Christlike love, respect, and honor as image-bearers of God, in all matters;
You shall not create, stoke, push, or advance divisive extra-biblical ideas, conversations, or positions;
You shall not create any unauthorized group or content — or post any unauthorized content or links to any unauthorized content — using the website or mobile app;
You shall not create any group or content — or post any content or links to any content — that may defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not use content using confidential information;
You shall not create any group or content — or post any content or links to any content — to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content;
You shall not create any group or content — or post any content or links to any content — containing alcohol-related, dating or other mature content (including advertisements) of any kind;
You shall not use the website or mobile app to do anything unlawful, misleading, malicious, or discriminatory and you shall not use our service for any illegal or unauthorized purpose;
You agree to comply with all laws, rules and regulations (federal, state, local and provincial or applicable regulations);
11. Limitation of Liability
IN NO EVENT SHALL Eleven:6, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY OR MALFUNCTION OF ITS DIGITAL PRODUCTS OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, BUSINESS GLITCH, DEFAMATION, OR LOSS OF DATA (NOTWITHSTANDING THAT WE MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Eleven:6, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Eleven:6, LLC, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Eleven:6, LLC expressly disclaims any representation or warranty that Eleven:6, LLC complies with all applicable laws and regulations applicable to its jurisdiction. Henceforth you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Eleven:6, LLC.
13. Limitation of Damages
To the maximum extent permitted by law, User agrees to limit Eleven:6, LLC’s liability for the User’s damages against us will be limited in respect of any one incident, or series of connected incidents, to the sum of direct damages award of $1,000.00 USD or the amount that the User has paid to Eleven:6, LLC during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14. Indemnity
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Eleven:6, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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 USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; (V) ANY THIRD PARTY CLAIM ARISING OUT OF OR IN RELATION TO Eleven:6, LLC OR OUR SERVICES OR USE THEREOF IN COMBINATION WITH ANOTHER PLATFORM, INCLUDING WITHOUT LIMITATION, ANY CLAIM Eleven:6, LLC OR THE SERVICES VIOLATE, INFRINGE, OR MISAPPROPRIATE ANY PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY PRIVACY RIGHT OF ANY PERSON.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.
WE WILL IMMEDIATELY NOTIFY YOU OF ANY SUCH CLAIM AND WILL PROVIDE YOU (AT YOUR OWN EXPENSE) WITH ASSISTANCE IN DEFENDING THE CLAIM. UNLESS OUR PRIOR WRITTEN CONSENT IS FIRST OBTAINED, YOU WILL NOT SETTLE ANY CLAIM THE DEFENSE OF WHICH WE NEED TO PARTICIPATE IN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT CIRCUMSTANCE, YOU WILL BE UNDER NO OBLIGATION TO DEFEND US IN THAT MATTER.
15. Disclaimer of Warranties
Eleven:6, LLC, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT Eleven:6, LLC PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. Eleven:6, LLC DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. Eleven:6, LLC DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES Eleven:6, LLC GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Eleven:6, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Eleven:6, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Eleven:6, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. General Provisions
16.1 Governing Law & Venue
You agree that the Service shall be deemed solely based in the United States. This Agreement shall be governed by the internal substantive laws of the United States, without respect to its conflict of laws principles. Any claim or dispute between you and Eleven:6, LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the United States. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with Eleven:6, LLC.
16.2 Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by Eleven:6, LLC on the Service, constitute the entire agreement between you and Eleven:6, LLC and governs your use of the Service, superseding any prior agreements between you and Eleven:6, LLC.
16.3 Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.
16.4 Amendment
Eleven:6, LLC reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
16.5 No Waiver
Eleven:6, LLC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16.6 No Third-Party Beneficiary Rights
Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
16.7 NO CLASS ACTIONS
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
16.8 Notices
We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
16.9 Amicable Resolution
Before filing any claim against us, you agree to solve the dispute amicably by first emailing [email protected]. If we cannot resolve the dispute informally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or Eleven:6, LLC may then bring a formal proceeding.
16.10 Taxes
You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
16.11 No Relationship
You and Eleven:6, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
16.12 No Embargo
You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
16.13 Equitable Remedies
You hereby acknowledge and agree that if these Terms are not specifically enforced, Eleven:6, LLC will be irreparably damaged, and therefore you agree that Eleven:6, LLC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
16.14 Interpretation
In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
16.15 Force Majeure
Eleven:6, LLC is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Eleven:6, LLC’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
16.16 Assignment
These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of Eleven:6, LLC’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
16.17 User Representations and Warranties
You hereby represent, warrant and covenant that: (i) your use of our Services, and all your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Eleven:6, LLC and its affiliates, licensors and agents; and to grant the rights granted to Eleven:6, LLC in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
16.18 Privacy
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. Using Eleven:6, LLC means that you accept our Policy, regardless of whether you are a registered user or not.
17. Governing Language
From time to time, these Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
18. Contact Us
If you have any questions about these Terms, please contact us by visiting this page on our website: https://www.ontrackdevotions.com/contact
Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Eleven:6, LLC entity.
This page was last updated on June 24, 2022.