Welcome to TeakTrak. TeakTrak is an e-commerce Website operated by Teak Systems Incorporated and doing business as TeakTrak. Access is provided via standard Web access or on tablets or mobile devices. All access is provided subject to these conditions of use.
Overall Concept
TeakTrak offers a tracking service, with all purchases paid for with a single credit card approved on initial enrollment and used for all purchases.
Privacy
Please review the “Privacy Notice” which also is part of the Conditions of Use for the Website.
Communications
When you use the TeakTrak Website or communicate with us by email, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or by email or by phone and, collectively, such communications satisfy all legal requirements for notice.
Access License
When you enroll as a customer or potential customer with access to purchase the TeakTrak service, you will create a unique user name and set a secure password and you will be responsible for all transactions executed using that access. You must make sure that such access is kept confidential and not available to others who might execute transactions not approved by you. If you are under 18, you may use TeakTrak only with involvement of a parent or guardian. TeakTrak reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
Billing Process
If you are Group or Enterprise user and you use the tracking service at any point in a billing month, your credit card or bank account will be charged. Your month for billing purposes will start on the day following the end of your billing period and that day of the month will continue to be the first day of your billing period. In the “Subscription” tab, you will see the period covered for each charge. You will not be charged for any billing month when the tracking service was not used. For Group subscriptions where multiple devices are enrolled, charges will be assessed for each device that was used for tracking during the billing month. In other words, regardless of the number of devices enrolled, charges will be assessed only for devices used for tracking during a billing month. All devices in a Group or Enterprise subscription will use the same billing month.
Credit Cards and Bank Accounts
There is no need to register a credit card or bank account with TeakTrak during the Individual Free access. However, to continue using the service after you switch to group access, you will need to log on to your TeakTrak account and select the “Profile” tab and click on the “Payment Info” option (credit card icon) and register either a credit card or a bank account number. If no valid payment method exists, the handheld device or devices registered to your account will no longer be active and no runs will be tracked. To reactivate your devices, simply go to the "Payment Info" page and enter a valid payment method.
Cancellation and Refund Policy
You can cancel the TeakTrak service at any time by going to the “Profile” tab and selecting the “Personal Info” icon. You will see a button marked “CANCEL SERVICE” that will cause all enrolled handheld devices to be suspended. Your final billing will be for the billing month during which the cancellation was made. No refunds will be made if any use of a device was made during a billing month. If you use the “CANCEL SERVICE” option, that button will change to “RESUME SERVICE” and, when clicked, all enrolled devices will again be activated if a valid payment method is on file. The billing process will be unchanged if service is resumed. In other words, the same billing period will be used and the same billing rules will apply.
Access to Maps in the “Activity” Tab
When you select the “Activity” tab, you will see the maps for all runs made in the previous 60 days. Since those maps will not be available after 60 days, you may wish to use the email option to send a copy of any runs you wish to save to yourself prior to their expiration after 60 days.
No Reverse Engineering
You may not copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the TeakTrak software, whether in whole or in part, or create any derivative works from or of the TeakTrak software.
Waiver
Any provision or condition of this Agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
Limitation of Liability
In no event will any party be liable to any other party or any whether in contract, tort (including negligence), strict liability, or otherwise for any indirect, incidental, on sequential, or punitive damages arising out of or related to this Agreement, including, but not limited to, lost revenue; lost profits; replacement goods; loss of technology, rights or services; loss of data; or interruption or loss of use of services or equipment.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
Attorney Fees
If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
Arbitration
Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled by arbitration. Unless the parties otherwise agree, the arbitration will be administered by Arbitration Service of Portland, Inc. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. Any arbitration will be conducted in Portland, Oregon.
Injunctive and Other Equitable Relief
The parties agree that the remedy at law for any breach or threatened breach by a party may, by its nature, be inadequate, and that the other parties will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.
Venue
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement will be brought against any of the parties in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
Legal Notices
All notices and other communications under this Agreement must be in writing and will be deemed to have been given if delivered personally, sent by facsimile (with confirmation), mailed by certified mail, or delivered by an overnight delivery service (with confirmation) to the parties at the following addresses or facsimile numbers (or at such other address or facsimile number as a party may designate by like notice to the other parties):
To: Teak Systems Incorporated
dba TeakTrak
PO Box 3004
Portland, OR 97208-3004
Attention: Fergus O’Scannlain
Email: fergus@teaksi.com