E-Pro Tracker Terms of Service Agreement

Welcome to the E-Pro Tracker website. This Agreement describes the terms and condition applicable to your membership for this e-business web site, which features tools for managing all of your critical business information (the "Service").

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH INFORMATION MANAGEMENT OF AMERICA, INC. OFFERS YOUR ACCESS TO THE SERVICE.

1. Acceptance of Terms and Conditions
   By using the Service, you agree that you have entered in to this Agreement with Information Management of America, Inc., and that you will be bound by the terms and conditions hereof (“Terms”), which Information Management of America, Inc. in its discretion may change from time to time. We will post a notice on our web site to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using the Service. The changed Term shall automatically be effective immediately after they are initially posted on the home page of our site. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except in writing signed by an authorized person of Information of America, Inc..
   
   
2. Who Can Use E-Pro Tracker
   The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of the age to use our Services. If you do not qualify, please do not use the Service. Information Management of America, Inc. may in its sole discretion, refuse the Service to any one at any time. The Service is not available to temporarily or indefinitely suspended E-Pro Tracker members.
   
   
3. Cost of Service
   Information Management of America, Inc. provides Preferred, Select, Express and Enterprise Membership options for the Service. Preferred members are agreeing to a 1 year term for a cost of $69.95 per month, with the option of having unlimited renewals and upgrades at a set cost. For full rights to represent and sell the services and participate in the compensation plan of the E-Pro Tracker tools, there is a $49.95 enrollment fee for Preferred membership. The benefits of being a Preferred member are that all Service options are included in the membership automatically. Select members are agreeing to these terms on a monthly basis at a cost of $79.95 per month with no enrollment fee and no ability to participate in the compensation plan. Additional Service options, upgrades and functionality will be added to Select memberships at a cost set by Information Management of America, Inc.. Monthly Select membership costs are subject to change at the discretion of Information Management of America, Inc. at any time, which members must abide by to continue their memberships. A Select Member is entitled to the same benefits of a Preferred member after 5 months of continuous uninterrupted service with the same terms of service as a Preferred Member with the exception of their monthly membership cost staying at the rate it is at time of upgrade of membership and no additional enrollment fee is required. They will then be considered a Preferred Member and be able to sell memberships and participate in the compensation plan and receive commissions. In addition, there is an Express membership that is limited to a three moth trial period at $49.95 per month. After the term of the three months you can choose to upgrade to any of the membership options at the current monthly membership fee. Express memberships do not have full functionality as opposed to Preferred and Select memberships. Enterprise memberships start at $109.95 per month for a ten (10) user license with a $49.95 set up fee. Enterprise memberships are for multiple user accounts and private labeling of the E-Pro Tracker Tool and the monthly membership fee is increased in proportion to the amount of user licenses added and includes all administration programming for hierarchy purposes. Refer to our separate Enterprise packaging Terms of Service for further reference at http://www.eprotrak.com/enterprise.htm.
   
   
4. Username and Password Security
   During the registration process, you will select a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your username and password. You agree to (a) immediately notify Information Management of America, Inc. of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you properly exit the web site at the end of each session. Information Management of America, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
   
   
5. Privacy
   All information you submit to Information of America, Inc. will be kept private from all outside parties, including solicitors, unless otherwise stated in the Privacy Policy. The complete terms for our Privacy Statement are kept in a separate document, so you should read it as well.
   
   
6. Limitation of Liability
   You expressly understand and agree that Information Management of America, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data or other intangible losses (even if Information Management of America, Inc. had been advised of the possibility of such damages) incurred by you or any third party, whether in an action in contract or tort, arising or resulting from: (i) your use, access to, or inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
   
   
7. Compliance with Laws
   You shall comply with all applicable laws, statutes, ordinances and regulation regarding your use of the Service and your bidding on, listing, purchase and sale of items, including, but not limited to, complying with all applicable laws regarding the transmission of the technical data exported from the United States of America or the country in which you reside.
   
   
8. Links
   The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Information Management of America, Inc. has no control over such sites and resources. As such you acknowledge and agree that Information Management of America, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Information Management of America, Inc. is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You further acknowledge and agree that Information Management of America, Inc. shall not be responsible or liable, directly or indirectly, caused or alleged to be caused by or in connection with use of reliance on any such content, goods or Services available on or through any such site or resource and/or for any loss or damage of any sort you may incur damage or loss from dealing with any third party.
   
   
9. Cancellation of Service
   In order to cancel the services that Information Management of America, Inc. provides, a one month's notification is required. This notification can be done via email at cancel@eprotrak.com, or via mail, fax, or phone at the contact information listed below. After the one month of notification, all services and monthly recurring membership costs will be stopped. Preferred and Enterprise members are eligible for cancellation of services after their 1 year obligation has been met.
   
   
10. Miscellaneous
    This Agreement constitutes the entire agreement between you and Information Management of America, Inc. and governs your use of the Service, superseding any prior written or oral Agreements between you and Information Management of America, Inc.. This Agreement and all matters relating to your access to, and use of the Service shall be governed in all respects by the laws of the United States of America. If any provisions of this Agreement are held to be invalid or unenforceable, such provision shall be struck out and the remaining provision shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    
    

If users have any questions or suggestions regarding our terms of service agreement, please contact us at:

Information Management of America, Inc.
7300 West Camino Real, Suite 218
Boca Raton, FL 33433

Phone: 561-544-8865
Fax: 561-844-8856
Toll-Free: 877-844-8866
Email: support@eprotrak.com

Official Agreement Location: www.eprotrak.com/agreement.htm

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