Terms of Service

TERMS OF USE 

March 2025

Thank you for your Interest in TractIQ. Please read these Terms of Use, which  apply to your use of the TractIQ database, this website and as further described  below. 

This website, tractiq.com (the “Site”), is owned and operated by TractIQ, Inc. (“TractIQ”,  “we”, “us”). These Terms of Use (“Terms”) are a legal agreement between you and  TractIQ (“Agreement”) and govern your use of our Site, including the TractIQ database  (“TIQ”) and other related products and services (collectively, the “Services). Please read  these Terms carefully before your first use and upon our release of any updates we may  make from time to time. 

By using the Site or any other of our Services, you agree to be bound by these Terms,  including the policies referenced in these Terms (such as our Privacy Policy and Cookie  Policy). If you do not agree to all of these Terms, you are not permitted to access,  browse, or otherwise use our Services. 

Our Services 

TIQ is an electronic database accessible through our Site or through Application Programming Interface (“API”), which consists of Our Content  and Materials (as defined below) for your use in accordance with these Terms. Our  Content and Materials include all data available on the Site or API, including but not limited to,  text, graphics, slideshows, interactive features, and all other materials, as further  described below. 

Using TIQ 

Who May Use Our Services 

The Site is intended to be used by businesses for their internal business needs (not for  resale or other exploitation, as further described below), and is not for use by individual  consumers. For avoidance of doubt, any use or access by anyone under the age of 13 is  prohibited and, by using our Services, you represent and warrant that you are at least 13 years of age. 

Acceptable Use 

You may use our Services only in compliance with these Terms and all applicable laws.

Revisions to these Terms  

We reserve the right to revise these Terms at our sole discretion at any time and for any  reason. Any revisions to these Terms will be effective immediately upon posting by us,  unless otherwise specified. For any material changes to these Terms, we will take  reasonable steps to notify you of such changes. In all cases, your use of the Services  after publication of such changes, with or without notification, constitutes binding  acceptance of the revised Terms. 

Registration 

Full access to our Services will require that you create a valid user account. To create an  account, you must provide us with an electronic mail address and other information we  request (“Registration Data”). You agree to safeguard, and to not share or allow access  to, your log in data or Registration Data except by your authorized personnel. 

In consideration of your use of the Services, you agree to: (a) provide accurate, current  and complete information as prompted in the registration process or when providing  updated Registration Data, (b) provide accurate, current and complete information  when otherwise providing or when requested to provide, any other information when  using, or otherwise in connection with, TIQ and the Services, and (c) maintain and  promptly update the Registration Data, and any other information provided (as  applicable) to keep it accurate, current and complete. You further warrant that you have  all legal rights to provide your Registration Data and any other content you provide to  us, without violation of the rights of any third party. We assume no duty to verify such  information. We reserve the right to suspend or terminate your account if we have  grounds to suspect that such information is inaccurate, not current or incomplete. 

Privacy Policy 

We are committed to responsibly handling the information and data we collect through  our Site and Services in compliance with our Privacy Policy, which is incorporated by  reference into, and a part of, these Terms. The Privacy Policy explains our practices with  respect to the personal data and other information you provide through use of the  Services. By using our Services in any way, you agree to the terms of the Privacy Policy,  regardless of whether or not you are a registered user. 

Feedback 

We welcome your feedback and suggestions about how to improve our Services. Feel  free to submit feedback at support@tractiq.com. By submitting feedback in this or in any other manner to us, you agree to grant us an unlimited, irrevocable, perpetual,  sublicensable, transferable, royalty-free license to use any such feedback or suggestions  for any purpose without any obligation or compensation to you. 

Our Content and Materials 

Definition of Our Content 

All information, data or other content, and all intellectual property related thereto,  provided on, or otherwise related to, the Services (including, without limitation,  software, trademarks, logo and buttons, badges and widgets, but excluding your User  Content as defined below) is the property of TractIQ, its subsidiaries and affiliates or its  licensors and sublicensors (“Our Content and Materials”). 

Our License to You 

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and  revocable license to use our Services for your legitimate business purposes and solely in  accordance with these Terms. You may download and display Our Content and  Materials available through our Services only for purposes of using the Services. Any  other use, reproduction, modification, distribution, providing access, or storing Our  Content and Materials for any other purposes is expressly prohibited without prior  written permission from us. You shall not sell, license, or otherwise use or exploit any of  Our Content and Materials or derivatives of such data, content and materials  for commercial use or in any way that violates any third party right. We may terminate  this license at any time for any reason. Except for the rights and license granted in these  Terms, we reserve all other rights and grant no other rights or licenses, implied or  otherwise. 

Restrictions 

You may not use or access the Services except as expressly provided in these Terms. You  agree not to use, modify, reproduce, distribute, sell, license, reverse engineer,  decompile, or otherwise exploit Our Content and Materials without our express written  permission. You expressly are prohibited from any reverse engineering, decompiling,  scraping or use of data mining, robots, or similar data gathering and extraction tools in  your use of the Services. You agree that when using our Services you will also abide by  and comply with all applicable laws, rules and regulations and any applicable rights of  third parties.

Ownership 

You acknowledge and agree that Our Content and Materials will remain the property of  TractIQ, our affiliates or our licensors, as applicable. Our Content and Materials are  protected by U.S. and international copyright, trademark and other laws, and you  acknowledge that these rights are valid and enforceable. You acknowledge that you do  not acquire any ownership rights by using the Services or the Site. 

User Content 

The Services may enable you to provide information, data or other materials, and to  provide Registration Data (collectively, “User Content”), to us and/or third parties. By  uploading or otherwise providing any User Content to the Site or in connection with the  Services, you agree that you have all necessary legal rights to provide such User Content  to us and that we may store and display your User Content in connection with the Services. 

If you provide User Content, you grant TractIQ and its affiliates, subsidiaries, licensees  and sublicensees, without compensation to you or others, a fully-transferable, royalty free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute,  modify, create derivative works based on, publicly perform, publicly display, and  otherwise use the User Content in accordance with these Terms. To the extent that you  ever do not have such rights to license, you agree to either promptly remove such  User Content or procure the necessary rights for us (at your own cost). 

TractIQ does not claim ownership over any User Content submitted on the Site or  through the Services. You retain all intellectual property rights in your User Content,  other than the non-exclusive rights granted to us in the paragraph above. You are  responsible for the User Content you share. You agree to allow TractIQ and other users  to view your User Content and, to the extent applicable, collaborate with you and your  User Content, in accordance with these Terms. 

You understand that all User Content is the sole responsibility of the user who provided  such User Content to us. This means that you, and not TractIQ, are entirely responsible  for all User Content that you upload, post, transmit or otherwise make available via your  account. TractIQ does not control the User Content posted through our Services, and as  such, does not guarantee the accuracy, integrity or quality of such User Content. 

TractIQ reserves the right to remove or modify User Content for any reason, including  User Content that we believe violates these Terms.

There may be times in which we specify that we will not share all or portions of User  Content (such as the identity of the user who provided the User Content). In such cases,  we will adhere to the parameters we provide with respect to such User Content. 

Use of Aggregated Data 

“Aggregated Data” means technical and other data that we collect about your use of,  and other users use of, the TIQ database, the Site and the Services in an anonymized  and aggregated form, but excluding any personally identifiable data. TractIQ may use  Aggregated Data to analyze, improve, support and operate the Site and the Services and  otherwise for any business purpose during and after the license term, including, without  limitation, to generate industry benchmarks or best practices guidance, or to develop  recommendations or similar reports for distribution to you and other TractIQ licensees  and prospects. Upon creation, TractIQ will be the owner of such Aggregated Data and  may copy, commingle, and use such data in TractIQ’s sole discretion for any lawful  purpose.  

Third Party Content 

Through the Services, you will have the ability to access and/or use certain User Content,  and/or other data or links to websites and services maintained by third parties  (collectively, the “Third Party Content”). TractIQ cannot guarantee that such Third Party  Content, on the Site or elsewhere, will be free of material you may find objectionable or  otherwise inappropriate or of malware or other contaminants that may harm your  computer, mobile device or any files therein. TractIQ disclaims any responsibility or  liability related to your access or use of such Third Party Content. 

API Usage

API Usage Terms

TractIQ provides API access to approved users for integrating our data into their internal business applications, subject to these Terms. By using TractIQ’s API, you agree to comply with the following conditions:

1. API Access and Availability

• TractIQ strives to maintain high availability for its API; however, we do not guarantee uninterrupted service, uptime, or error-free operation.
• API access may be subject to rate limits, usage quotas, or other technical restrictions. These will be communicated in access contracts and are subject to change with 30-days notice.
• TractIQ reserves the right to suspend, restrict, or discontinue API access without prior notice in the event of system maintenance, security risks, misuse, or other operational concerns.
• Features available via the API may differ from those available in the TractIQ application and are subject to change at any time.

 

2. API Modifications and Advance Notice

• TractIQ may update, modify, or deprecate API features from time to time to improve performance, security, and functionality.
• We will make reasonable efforts to provide advance notice of breaking changes that require users to update their API integrations, typically at least 30 days in advance unless urgent security or legal concerns require immediate modifications.
• It is the user’s responsibility to monitor API documentation and adapt their integration to any API updates in a timely manner.

 

3. Permitted Uses and Restrictions

 

API access is granted for internal business use only and must comply with all applicable laws, including antitrust and fair competition laws. Users are expressly prohibited from:

 

• Using API data to coordinate, align, or manipulate pricing with competitors in any market.
• Developing pricing algorithms, recommendations, or mandates based on TractIQ data that restrict independent pricing decisions by businesses.
• Aggregating competitor data in real time to facilitate price-fixing, bid-rigging, or other anti-competitive behavior.
• Sharing, redistributing, or sublicensing API data in a way that enables non-compliant third-party use.
• Using TractIQ’s API for purposes that reduce market competition or harm consumer pricing transparency.
• Circumventing API rate limits, security controls, or attempting unauthorized access to TractIQ systems.

 

4. Enforcement and Termination of API Access

 

• TractIQ reserves the right to audit API usage to ensure compliance with these Terms.
• If we determine that an API user is engaging in unauthorized, non-compliant, or anti-competitive activity, we may suspend or terminate API access immediately, without prior notice.
• Violations of this policy may result in legal action, termination of all TractIQ services, and liability for damages.

 

By using the TractIQ API, you acknowledge and agree to these terms. Continued API access is subject to ongoing compliance with these conditions.

Prohibited Uses 

You may use the Services and the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Services or the Site: 

• In any way that violates any applicable federal, state, local or international law or  regulation or the rights of any third parties. 
• For the purposes of exploiting, harming, or attempting to exploit or harm minors  in any way by exposing them to inappropriate content, asking for personal data,  or otherwise. 
• For any anti-competitive collaboration, automated pricing or other business purpose other than the user’s internal  analytical or assessment purposes. 
• To send, knowingly receive, upload, download, use, or re-use any material that  does not comply with these Terms. 
• To transmit, or procure the sending of, any advertising or promotional material  related to the Services, without our prior written consent. 
• To impersonate or attempt to impersonate TractIQ, another user, or any other person or entity. 
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm TractIQ or users of the Services or expose them to liability. 
• Otherwise attempt to interfere with the proper working of the Services and/or the Site. 
• Use TractIQ data, API, or services to facilitate, support, or engage in price-fixing, bid-rigging, market allocation, or any other anti-competitive behavior in violation of antitrust laws.
• Incorporate TractIQ data into any tool, software, or algorithm that makes or enforces pricing recommendations, mandates, or coordinated pricing strategies among competitors. 

Intellectual Property Rights 

TractIQ respects the intellectual property rights of our users, participating organizations,  and other third parties and expects our users to do the same when using the Services. 

If you infringe copyrights or other intellectual property rights of others, your User  Content may be removed or suspended in whole or in part. It is our policy, in  appropriate circumstances and our discretion, to disable and/or terminate accounts of  users who repeatedly infringe or are charged repeatedly with infringing the copyrights  or other intellectual property rights of others.  

Customers must not remove, alter, or obscure any proprietary notice or identification,  including copyright or trademark notices, contained in or on the Services or the Site. 

TractIQ complies with the provisions of the Digital Millennium Copyright Act (“DMCA”)  applicable to Internet services providers (17 U.S.C. §512). If you believe in good faith that  materials hosted by TractIQ infringe your copyright or trademark rights, please provide  TractIQ’s copyright agent the following written information: 

• An electronic or physical signature of the person authorized to act on behalf of  the owner of the copyright interest; 
• A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the  Site; 
• Your address, telephone number, and e-mail address; and 
• A statement by you, made under penalty of perjury, that the above information in  your notice is accurate and that you are the copyright owner or authorized to act  on the copyright owner’s behalf. 

Notices and counter-notices with respect to claims of copyright infringement on the Site  must meet the then-current statutory requirements imposed by the DMCA  (see http://www.loc.gov/copyright for details) and should be sent to the agent identified  below. We suggest that you consult your legal advisor before filing a notice or counter notice. Also, be aware that there can be penalties for false claims under the DMCA. 

Agent to Receive Notices of Claimed Infringement 

support@tractiq.com 

DMCA Complaints 

TractIQ LLC 

1933 SORVINO WALK 

LEANDER, TX 78641  

Subscriptions and Cancellations 

7-Day Trial 

• Individual users may subscribe to a 7-day free trial that provides full access to the  Services. 
• In order to subscribe, you will be prompted to provide Registration Data,  including but not limited to your name, email and billing information. • If you do not cancel the subscription before the 7-day trial period ends, the  payment method provided will be charged for a monthly subscription and will be effective until you cancel the subscription or the subscription is suspended or discontinued by TractIQ. 

Monthly Subscription 

• Your subscription will continue for 1 month and then automatically renew for successive 1 month periods, unless and until you cancel your subscription, or the subscription is suspended or discontinued by TractIQ. 
• You must cancel your subscription before your next monthly renewal date to  avoid the next billing. 
• If you cancel your subscription, cancellation will be effective at the end of the 1- month period; you will have continued access to your subscription for the remainder of that period and will not be billed for the next billing cycle. 

Yearly Subscription 

• Your subscription will continue for 12 months and then automatically renew for  another 12-month period, unless and until you cancel your subscription by providing at least 30-days prior written notice, or the subscription is suspended  or discontinued by TractIQ. 
• If you cancel your subscription, cancellation will be effective until the end of the  12-month period; you will have continued access to your subscription for the remainder of that period and will not be billed for the next billing cycle. 

Termination, Breach, Suspension and Cancellation of Paid Subscription 

If your subscription fee payment is overdue, TractIQ may disable your access to the  features provided by the paid subscription. TractIQ may, at its sole discretion, at any  time and for any reason, terminate the Services, or suspend or terminate your account.  In the event of suspension or termination, your account will be disabled and you may  not be granted access to your account or any files or other content contained in your  account, and TractIQ may delete your User Content. 

If you terminate your account, and you request that TractIQ delete your User Content,  TractIQ will make all reasonable efforts to do so. 

Refund Policy 

Payments are nonrefundable and there are no refunds or credits for partially used  subscriptions. Following any cancellation, however, you will continue to have access to  the Services through the end of your current billing period. At any time, and for any  reason, we may provide a refund, discount, or other consideration to some or all of our  users (“Credits”). The amount and form of such Credits, and the decision to provide  them, are at our sole and absolute discretion. The provision of Credits in one instance  does not entitle you to Credits in the future for similar instances, nor does it obligate us  to provide Credits in the future, under any circumstances. 

Please note that we treat violations of these Terms very seriously, and we will not make  any refund if your subscription is terminated for violation of these Terms or any of our policies. 

Price Adjustments 

Notification of Price Changes: We reserve the right to adjust the prices for our Services  at any time. You will be notified of any price changes at least 14 days before the new pricing takes effect.

 

Effect of Price Change: The new pricing will apply starting from your next billing cycle  following the notification period. By continuing to use our services after the price adjustment, you agree to the new pricing terms. 

Opt-Out: If you do not agree with the price change, you have the option to cancel your  subscription before the new pricing takes effect. Please refer to our Cancellation Policy  for details on how to cancel your subscription. 

Modifying and Terminating our Services 

We are constantly changing and improving our Services. We may add or remove  functions, features, or requirements, and we may suspend or stop the Services  altogether. None of TractIQ, or other business partners, nor their employees,  contractors, and other agents, shall have any liability to you for any such action. 

Security 

We care about the security of our users. While we work to protect the security of your  account and related information, TractIQ cannot guarantee that unauthorized third  parties will not be able to defeat our security measures. Please notify us immediately if  you become aware of any compromise or unauthorized use of your account by emailing us at support@tractiq.com. 

You are responsible for maintaining the confidentiality of the access data for your  account and are fully responsible for all activities that occur under your account. You  agree to (a) immediately notify TractIQ of any unauthorized use of your account or any  other breach of security; and (b) ensure that you exit from your account at the end of each session. 

TractIQ is not liable for any loss or damage arising from your failure to comply with this section. 

Your Representation and Warranties 

You represent and warrant that (a) all of the User Content provided by you to TractIQ to  participate in the Services is accurate and current; and (b) you have all necessary right,  power and authority to enter into this Agreement and to perform the acts required of  you under these Terms, without violation of any applicable law or rights of any third  party; and (c) if you are an institution or an organization, you have the authority to enter  into these Terms and be, and are, responsible for the conduct of authorized users and  their compliance with these Terms.

 

Disclaimers and Limitations of Liability 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF TRACTIQ TO  YOU. 

The “TractIQ Entities” means TractIQ, Inc., and its subsidiaries, affiliates, related  companies, suppliers, licensors and partners, and the directors, officers, employees,  agents and representatives of each of them. Each provision below applies to the  maximum extent permitted under applicable law. 

DISCLAIMERS 

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS  AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR  IMPLIED. WITHOUT LIMITING THE FOREGOING, THE TRACTIQ ENTITIES  SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND  COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A  PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY  WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE  TRACTIQ ENTITIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR  ACCESS TO OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU  ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH  CONTENT IS AT YOUR OWN RISK. 

Limitation of Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TRACTIQ ENTITIES  BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF  OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, ANY WEBSITES  LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. WITHOUT  LIMITING THE FOREGOING, YOU AGREE THAT THE TRACTIQ ENTITIES SPECIFICALLY  WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,  

INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT  NOT LIMITED TO, PERSONAL INJURY, PAIN, SUFFERING, EMOTIONAL DISTRESS, LOSS  OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS  OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY  TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF  THE TRACTIQ ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES  OR SUCH DAMAGES ARE FORESEEABLE. YOUR USE OF THE SERVICES AND THE SITE IS  AT YOUR SOLE RISK.

 

TRACTIQ’S TOTAL LIABILITY HEREUNDER FOR DAMAGES SHALL NOT EXCEED  THE AGGREGATE SUM OF THE PAYMENTS MADE TO, OR THAT ARE PAYABLE TO, TRACTIQ FOR THE SERVICES PROVIDED TO YOU UNDER THESE TERMS. 

Indemnification 

You agree to fully indemnify, defend and hold the TractIQ Entities and their directors,  officers, employees, consultants and other representatives harmless from and against  any claims, liabilities, damages, judgments, awards, losses, costs, and other expenses or  fees (including reasonable attorneys’ fees) that directly or indirectly relate to or arise  out of or from (a) your violation of these Terms; (b) any claim of infringement  or misappropriation of intellectual property or other proprietary rights including, but  not limited, to your use of Third Party Content; (c) your use of the Services including any  investment, purchase, sale or any financial decisions you make or consider based upon  data inferred or directly derived from the Services or otherwise relating to the Services;  and/or (d) your negligent or willful misconduct. 

Dispute Resolution 

If you have a dispute with TractIQ, you agree to promptly contact us at  support@tractiq.com to attempt in good faith to resolve the issue informally first. If we  are not able to resolve the dispute informally, then the below provisions of this section  will govern any legal dispute between us that relates to these Terms or the Services. 

1. Binding Arbitration. You and TractIQ agree that any dispute, claim or controversy  arising out of or relating to these Terms or relating to the Services (collectively,  the “Disputes”) will be settled by binding arbitration, except that each party  retains the right to seek injunctive or other equitable relief in a court of  competent jurisdiction to prevent the actual or threatened infringement,  misappropriation, or violation of a party’s copyrights, trademarks, trade secrets,  patents, or other intellectual property rights. THIS MEANS THAT YOU AND  TRACTIQ BOTH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. 

Notwithstanding the foregoing, you may bring a claim against TractIQ in “small  claims” court, instead of by arbitration, but only if the claim is eligible under the  rules of the small claims court and is brought in an individual, non-class, and  non-representative basis, and only for so long as it remains in the small claims  court and in an individual, non-class, and non-representative basis. 

2. Class Action Waiver. You and TractIQ agree that any proceedings to resolve  Disputes will be conducted on an individual basis and not in a class, consolidated,  or representative action. This means that you and TractIQ both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding.  Further, unless you and TractIQ agree otherwise in writing, the arbitrator in any  Disputes may not consolidate more than one person’s claims and may not  preside over any form of class action proceeding. 
3. Arbitration Administration and Rules. The arbitration will be administered  in accordance with the American Arbitration Association’s Commercial Arbitration  Rules and the Supplementary Procedures for Consumer Related Disputes (the  “AAA Rules”) then in effect, except as modified by this “Dispute Resolution”  section. (The AAA Rules are available at http://www.adr.org or by calling the AAA  at 1-800-778-7879). 

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA  Rules. The arbitrator will be either a retired judge or an attorney licensed to  practice law in the State of Texas and will be selected by the parties from the  AAA’s roster of arbitrators with relevant experience. If the parties are unable to  agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration,  then the AAA will appoint the arbitrator in accordance with the AAA Rules. 

5. Arbitration Location and Procedure. Unless you and TractIQ agree otherwise, the site of the arbitration shall be in Austin, Texas. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of  documents you and TractIQ submit to the arbitrator, unless you request a hearing  and the arbitrator then determines that a hearing is necessary. If your claim  exceeds USD$10,000, your right to a hearing will be determined by the AAA  Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a  reasonable exchange of information by the parties, consistent with the expedited  nature of the arbitration. Hearings may be conducted by telephone or video  conference, if requested and agreed to by the parties. 
6. Arbitrator’s Decision and Governing Law. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render  an award within the timeframe specified in the AAA Rules. Judgment on the  arbitration may be entered in any court having jurisdiction thereof. Any award of  damages by an arbitrator must be consistent with the “Disclaimers and  Limitations of Liability” section above. The arbitrator may award declaratory or  injunctive relief in favor of the claimant only to the extent necessary to provide  relief warranted by the claimant’s individual claim. 
7. Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

 

General 

Publicity 

You grant us the right to use your (or your company’s) name and/or logo as a reference  for marketing or promotional purposes on our website and in other public or private  communications with our existing or potential customers. If you do not want to be  listed, you may send us an email to support@tractiq.com stating that you do not wish to  be used as a reference. 

Governing Law and Jurisdiction 

The Services are managed by TractIQ, which is located in Leander, Texas. You agree that  any dispute related to these Terms will be governed by the laws of the State of Texas,  excluding its conflicts of law provisions. You further consent to the personal jurisdiction  of and exclusive venue in the federal and state courts located in and serving Travis  County, Texas as the legal forum for any such dispute, subject to the arbitration  provisions set forth above. 

Severability; Waiver 

If it turns out that a particular provision of these Terms is not enforceable for any reason  or to any extent, such unenforceability will not affect or render invalid any other terms,  and the application of that provision shall be enforced to the extent permitted by law. If  you do not comply with these Terms, and we do not take immediate action, this does  not indicate that we relinquish any rights that we may have (such as taking action in the  future). 

Force Majeure 

We are not liable by reason of any failure or delay in the performance of our obligations  on account of events beyond the reasonable control of a party, which may include  denial-of-service attacks, a failure by a third-party hosting provider or utility provider,  strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. 

Entire Agreement 

The then-current Terms, including (a) any related policies and terms referenced in these Terms and (b) any additional terms we provide or agree to with you, are the entire  agreement between you and TractIQ regarding the Services. These Terms may not be  modified without the consent of a duly authorized representative of TractIQ, and will supersede and prevail over any terms or conditions you may include with any purchase  order or other transaction document or communication with us, regardless of whether  TractIQ signs them or fails to object to them. This “Entire Agreement” section shall survive any expiration or termination of your relationship with TractIQ. 

Other 

The captions and headings appearing in these Terms are for reference only and will not  be considered in construing these Terms. Notice to you may be made via email. TractIQ may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. 

Comments and Questions 

All correspondence to TractIQ regarding these Terms must be sent to support@tractiq.com.