Total ISO LLC
Track ISO license Agreement
Total ISO LLC with registered office at 7183 N Main St, Suite D, Clarkston, MI 48346, (“Total ISO”) has developed and maintains the website www.trackiso.com (“Website”) and its related tools and services thereof, including but not limited to services provided through any software developed and/ or owned by the Total ISO used to provide, enable or support a cloud based SaaS solution (“Application”). Total ISO provides access and use of such cloud based SaaS solutions along with all its components by or through this Website to its users subject to these terms and conditions of use (“Terms”).
In these Terms, our customers and the persons to whom they give access to their Track ISO account are called “Subscribers”. In these Terms, users of the Services (any natural or legal person who has access and is using the Website), whether they are Subscribers, Customers, members of the Track ISO forum, people who post comments on the Track ISO blog, or casual browsers of the Website, are called “Client”. In case Client is representing an incorporated entity, Client hereby confirms that Client has been expressly authorized by such entity to consent to the terms and conditions of this Agreement.
These Terms set forth the legally binding terms of Client’s use of the Website, its related services and Application. By proceeding further, Client confirms that Client has read and has agreed and accepted to be bound by the terms and conditions mentioned herein. Client’s continued usage of the Website after any change by Total ISO constitutes Client’s acceptance of the amended terms. The Website, Application and its related services are for Client’s own use only. Client may not resell, lease or provide them in any other way to anyone.
Client acknowledges that the Application is made available through www.TrackISO.com Website using subscription model of billing subject to these Terms. Total ISO provides business process automation software for productivity enhancement including but not limited to publicly available standards issued by the International Organization for Standardization.
Client shall be solely responsible for any activity that occurs through Client’s use of the account and shall not hold Total ISO liable in this regard, for any reason whatsoever. Total ISO shall not have any obligation or culpability for any data submitted on Client’s user account or any data used or misused whether submitted, utilized or misused by Client, Client’s representatives or any third party, whether or not acting on Client’s behalf.
Client as a user understands that TrackISO.com is a facilitation tool to the entities that are willing to implement or willing to adhere to the ISO Standards issued by the International Organization for Standardization. Total ISO is not an assessment body / certification body / accreditation body for providing certification for ISO Compliance. The use of TrackISO.com is voluntary in an effort to comply with ISO standards and the International Organization for Standardization nowhere requires use of the same. That TrackISO.com in no way has any sort of relation with the International Organization for Standardization. Total ISO is an independent body and has no relationship with any certification body and accreditation body. Track ISO software has been designed taking various standards issued by International Organization for Standardization into consideration and allows users to attempt to achieve required level of compliance. Since the certification is provided at the sole discretion of the certification body as per accreditation body regulations and applicable standards, Total ISO do not guarantee that user will be able to achieve certification successfully just by using our services or by subscribing to Track ISO.
If Client register/ subscribe for our services, Client agree to provide full, complete and accurate information as may be required for registration and also agree to update the information as and when there is change in the information provided by Client. Total ISO LLC provides subscribers with specific Track ISO user accounts upon registration which shall have a specific Track ISO login ID and Password and the same cannot be transferred or used by anyone other than the subscriber. By submitting Client’s information on the Website, Client hereby expressly consents to Total ISO using Client’s information. Client hereby accept all risks of unauthorized access to the user account and access to Registration Data and any other information Client provide to Track ISO, for example hacking or unauthorized access to Client’s account. Client shall accept the responsibility of the damages caused to Client by reason of Client’s negligence and unauthorized access to Client’s Track ISO account, without any liability to the Total ISO. Client’s right to be a registered user is subject to confirmation by total ISO. Total ISO shall under no circumstances be liable for the authenticity of Client’s information submitted on this Website as a registered user.
In these Terms, the content available through the Website, Applications and/or related services, including all information, data, logos, marks, designs, graphics, pictures, video files, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by users, whether they are Subscribers or the Client, is called “Client Content”. Client Content is Client’s property. Each time Client uploads any Client Content, Client grant the Total ISO a worldwide non-exclusive, royalty free license to use any such Client Content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such Client Content. Client accepts that such license will not terminate upon Client’s deletion or removal of the relevant Client Content or other uploaded Client Content in respect of which it is granted; and shall continue to be used by Total ISO on the Website at its discretion.
Client is solely responsible for the Client Content that Client uploads, submits, sends to or exchanges on the Website. Total ISO shall under no circumstances be responsible for any claims made by a third party in respect thereof. In the event that any of Client’s content is not permitted to be uploaded or provided through the Website due to any applicable law, then Total ISO shall have the right to remove Client’s content, without prior approval from Client. Total ISO will make reasonable efforts to notify Client of such removal of the content, with or without reasons.
Track ISO’s only right to that Client Content is the limited licenses to it granted in these Terms.
CLIENT AGREES AND CONFIRMS THAT:
3. The Total ISO shall not be held liable for any third party claims relating to infringement of any intellectual property rights in relation to the Client Content on the Website.
Other than the Client Content, the services, Content and all software available on the services or used to create and operate the services is the property of Track ISO, and is protected by applicable copyright laws, and all rights to the services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and Total ISO names or logos mentioned in the services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Track ISO.
As between Client and the Total ISO, the SaaS based Application and all intellectual property rights covering or embodied in the SaaS solution (including, without limitation, copyrights, trademarks, trade secrets) are the sole property of the Total ISO. These Terms do not grant Client any title or ownership interest in the SaaS based Application or any of its components, but grants Client only a limited right to access and use it for the duration of Client’s subscription on payment basis.
Client’s Content is Client’s responsibility. Total ISO has no responsibility or liability for it, or for any loss or damage Client’s Content may cause to Client or other people. Although Total ISO has no obligation to do so, Total ISO has the absolute discretion to remove, screen or edit without notice any Client Content posted or stored on the Services, and Total ISO may do this at any time and for any reason. Client is solely responsible for maintaining copies of and replacing any Client Content which Client posts or stores on the Services.
All material on this site, including images, illustrations, graphics, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, icons, and hyperlinks, are protected by copyrights, trademarks are owned and controlled by TrackISO.com unless otherwise noted. ISO is a trademark and property of International Organization for Standardization and Total ISO do not claim any right over it. Usage of the term ISO on the Website or in the software is just to describe specific requirement from a particular standard. Total ISO uses “ISO” for knowledge purpose and representation purpose only and doesn’t aim to demonstrate any relationship/ownership with “ISO” or its intellectual rights. Client agree to not use, copy, reproduce, republish, or distribute any content from the Website in any way directly or indirectly without prior written authorization from TrackISO.com.
The subscription fees and other charges relating to subscription of our Application and related services are mentioned on our Website and are hereby incorporated into this Agreement. The fees and charge may change from time to time and notice of at least 30 days shall be given prior to such change. Once the subscription fee is paid by the Subscribers the same shall not be refundable under any circumstances. Client is responsible for all the taxes applicable to the fees and charges in any applicable jurisdiction. It is agreed that that neither Total ISO nor any of its affiliated third parties shall be obligated to provide services or access to the Application, unless successful payment has been made for the subscription to the Application and its related features and services.
Client can make payments for Client’s subscription online through the Website by way of banking methods offered on the Website (“Online Payments”). Client understand that certain Online Payments may be restricted to certain banks only, in which case Client may be required to choose an alternate payment method. Client understands that Total ISO uses a third party registered payment gateway provider of the requisite Online Payments and Client may be subject to the terms and conditions of such payment gateway. Total ISO shall not be held liable for any action/ inaction, loss or damage incurred by Client arising out of the use of such third party payment gateway provider, for any reason whatsoever. Total ISO uses safe and trusted payment gateway partners to ensure that a secure encryption technology is used to protect Client’s transaction details at all times. Client can choose the mode of payment on the Website at the time of making payment for subscription of the Application and/ or related services.
For the purposes of making Online Payments, Client agree to provide all information necessary for the processing of such payments including but not restricted to Client’s internet banking details, passwords, billing address, etc., as applicable. Client agrees, confirms and understands that the details provided by Client for this purpose are true and accurate. Client shall not use internet banking facilities which are not lawfully owned by Client/ or which Client is not authorized to use. The banking information provided by Client will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
Client hereby indemnifies Total ISO for any action or inaction on Client’s part which occurs resulting or arising from the use of any payment mechanism including in respect of any declining of authorization for any transaction or for any direct or indirect loss or damage arising on account of such decline of authorization or fraudulent use of the internet banking account. Client acknowledge that in the event the payment is declined, for any reason whatsoever, Client’s subscription will stand unaccepted, including suspension of Services, and Client shall be notified of such subscription failure through the Website.
Client’s banking details and any other information pertaining to the payment for Client’s subscription shall be encrypted and transmitted as such. Client agrees to be solely liable for the fraudulent use of the banking details and the onus to “prove otherwise” shall be exclusively on Client. Client further confirms and undertakes that Client is aware and is in compliance with all the banking regulations and other applicable laws amended from time to time, and any other legal provision in relation to Client’s use of the internet banking facilities provided to Client. Total ISO shall not be liable, for any reason whatsoever for Client’s failure, neglect or non-compliance of such applicable law.
Any fraudulent use of this Website or Application or applicable payment method to subscribe to the Application or its related services or functionalities, which causes any monetary loss to the Total ISO as a result of Client’s action/inaction shall be recovered from Client. Without prejudice to the above, the Total ISO reserves the right to initiate legal proceedings against Client for the fraudulent use of this Website, Application or its related services or functionalities or for any other unlawful act or omission in breach of these Terms.
TrackISO.com maintains data backup periodically for Client’s benefit. However Total ISO does not guarantee accuracy and availability of such backup and Total ISO shall be responsible for any liability or damages of any kind due to the loss or unavailability of such backup data.
Total ISO LLC grants Client a limited revocable, non-exclusive, non-sub licensable license to access and use the SaaS based Application and/ or its related services and to view, copy and print the portions of the Content available to Client through the Application and/or its related services.
Such license is subject to these Terms, and specifically conditioned upon the following:
(i) Client may only view, copy and print such portions of the Content for Client’s own use;
(ii) Client may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms;
(iii) Client may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
(iv) Client may not use any data mining, robots or similar data gathering or extraction methods; and
(v) Client may not use the Services, Application and/or related services or the Content other than for the intended purpose. Any unauthorized use terminates the permission or license granted by Total ISO under these Terms.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its Total ISO is strictly prohibited and will terminate the license granted in these Terms and Client’s account with Total ISO. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in these Terms is revocable by Track ISO at any time.
Client’s use of any Add-on is governed by the end user license agreement that applies to that Add-on, and not by these Terms. That end user license agreement is an agreement between Client and the provider of that Add-on and Client acknowledge that that end user license agreement is a binding agreement between Client and the provider of that Add-on. Client’s use of the service through that Add-on, including any Content that may be delivered to Client through the Add-on, is subject to these Terms.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent from Total ISO. Client represent and warrant that Client’s use of the Application and/or related services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, Client may contact Track ISO at the address set out at the end of these Terms.
Total ISO do not claim any ownership interest in Client’s Content, but Total ISO does need the right to Client’s Total Content to the extent necessary to operate the Website and provide access to the Application and/ or its related services, now and in the future. For an example, during usage of Application or Services, Client may encounter a problem and request our technical support to help him with problem/issued being faced. In this case our technical support team may access Client’s Content with limited access and permission just to view Client’s account or particular screen so that required support may be provided. This is done without any intention to get access to Client’s data or use Client’s data. In no case will Total ISO share Client’s Content or information captured / created in Track ISO with any other subscriber, except with government or regulatory authorities when required to do so.
Total ISO shall be entitled to use third parties for rendering and completion of the services. Total ISO shall be entitled to share Client’s information/ material with such third party service providers, for the purpose of fulfillment of the services.
The web services that Total ISO provide through Application may include discussion forums, bulletin boards, review services or other forums in which Client or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If Track ISO provides such Interactive Areas, Client are solely responsible for Client’s use of such Interactive Areas and use them at Client’s own risk. Client’s Content submitted by Client to any public area of the services will be considered non-confidential. Client agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the services any of the following:
Track ISO has a “zero-tolerance” policy towards SPAM: Client may not use the Interactive Areas or the services generally to send commercial or other messages to any third-party if those messages are not requested, authorized or welcomed by the third-party, and in Client’s use of the Services Client must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Client’s rights to use the Interactive Areas and/or the Application along with related services.
Total ISO makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Website, or Websites linking to the Website. Total ISO uses services from external providers for design of Website, hosting of data and our Application, credit card/payment processing, CRM to manage customer lifecycle with Track ISO, accounting software to manage billing, invoicing, receipts etc. Track ISO may decide to add/edit external service providers from time to time without informing any Client or Subscribers. Such external service providers are not under the direct control of Total ISO and Total ISO shall not be responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Total ISO also provides login facility from open ID such as google, facebook and linkedin, (these Websites, while giving access to login, collect certain Client information from our database, the disclaimer of the same may or may not be available while logging in- Client can at Client’s sole discretion decide whether or not to use these services). Client hereby acknowledges and agrees that Total ISO is not responsible for the availability of such external Websites or resources, their content, including, without limitation, any link contained in such content, or any changes or updates to such content. If Client decide to access links to third-party web sites, Client does so at Client’s own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
Client’s usage of our Website allows Total ISO use Client’s name or the name of Client’s company (in case user is a business entity) as a customer of “Track ISO”, and may be included in/covered under Total ISO’s client lists, testimonials, case studies, video interviews or mention on any other media without any fees/commercial payment by Total ISO. Total ISO may run advertisements and promotions from third parties on the services. Client’s business dealings or correspondence with, or participation in promotions of, advertisers other than Total ISO, and any terms, conditions, warranties or representations associated with such dealings, are solely between Client and such third party. Total ISO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the services.
The Website, Application, Services, the Content and the related services are provided to Client on an “as is” basis without warranties from Total ISO of any kind, either express or implied. Total ISO expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Total ISO does not represent or warrant that Website, the Application, the Content or the related services are accurate, complete, reliable, current or error-free.
While Total ISO LLC attempts to make Client’s access to and use of the Application and related services safe, Total ISO LLC does not represent or warrant that the Site, the Content or the Services are free of viruses or other harmful components. Total ISO LLC does not make any warranty of any kind with respect to freedom from patent, trademark or copyright infringement, or theft or trade secrets and does not assume any liability hereunder for any patent, trademark or copyright infringement arising from Client’s use of the Services, Application or their related components.
Client waives and shall not assert any claims or allegations of any nature whatsoever against Total ISO, Track ISO, their affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to Client’s use of the Website, the Content, the Add-ons, Application or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless Client or any third party from any claim or allegation arising from Client’s use or other exploitation of the Website, Application the Content, the Add-ons or the Services. Client use the Website, Application, the Content, the Add-ons and the Services at Client’s own risk.
Without limiting the foregoing, neither Track ISO nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data or inability to use the Application, software, its component or features or derivatives thereof, whether in an action in contract, tort (including but not limited to negligence), breach of warranty or otherwise, arising out of or in any way connected with the use of or inability to use the Website, Application, the Content, the Add-ons or the Services, including without limitation any damages caused by or resulting from Client’s use, inability to use or reliance on the Website, the Application, Content, the Add-ons or the Services or other information obtained from Track ISO or any other Released Party or accessible via the Website, Application, the Content, the Add-ons or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Track ISO or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Track ISO, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website, the Content, the Add-ons, Application or the Services exceed the amounts paid by Client for access to or use of the Website, Application, the Content, the Add-ons or the services, as the case may be, during the three months prior to the date of any claim.
Client shall defend, indemnify and hold harmless Track ISO and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of Client’s access and use of the Website, Application, the Content, the Add-ons and the services, and if Client is a Subscriber, from Client’s customers use of the Application and/or Services and from the use of the Website, Applications, the Content, the Add-ons and the Services by any person to whom Client gives access to Client’s account (including staff or advisors), including any claims made by any person that any of Client’s, and if Client are a Subscriber, Client’s customers, Client Content infringes the rights, including the intellectual property rights, of any third party.
When Client uses the Website or sends emails or other data, information or communication to TrackISO.com, Client agrees and understands that Client is communicating with TrackISO.com through electronic records and Client consents to receive communications via electronic records from TrackISO.com periodically, as and when required. TrackISO.com may communicate with Client by email, sms, and telephone or by such other mode of communication, electronic or otherwise and Client agrees that all such communications sent to Client electronically satisfy any legal obligation that is required of such communication in writing. Client’s use of the Website entitles Client to receive periodic communication regarding TrackISO.com services through email, sms, telephone calls or by such other mode of communication, electronic or otherwise. Client will maintain Client’s most current e-mail address for all communications with Total ISO. If Client wishes to not receive periodic informational communication from TrackISO.com, Client can unsubscribe to the communication through Client’s account settings.
Client hereby agrees and confirms:
3. That Client has and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
4. That Total ISO will not be responsible for verifying any content or information provided by Client to Total ISO.
5. That Client shall be solely responsible for all activities undertaken through Client’s user account, whether or not Client have authorized such activities or actions and shall, at all times, keep Total ISO indemnified in this regard.
6. Client agrees and undertakes to use the Website strictly abiding by the following principles
Upon termination or cancellation of Client’s subscription, Client shall not access or use or assist any other person to access or use the Website for the following purposes:
1. Any unauthorized use, including without limitation any usage of the content provided on the Website not in conformity with the rights granted with respect to the same or may violate third party intellectual property rights as well as the laws of privacy for which Client shall be solely responsible;
2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
3. Violating any applicable laws;
4. Using or attempting to use any engine, software, tool, agent or other device or mechanism to manipulate the Website or Application or to reverse engineer it by copying, modifying, decompiling or dissembling; and/ or
5. Gaining or attempting to gain unauthorized access to any part or feature of the Website or Application or any other systems or networks connected to the Website or to any server, computer network, by hacking or any other illegitimate means.
Total ISO reserves the right to cancel/terminate Client’s subscription for any reason without any prior notice, which will prevent Client to access our Application and related services. Once the subscription fee is paid by the Subscriber, it is not refundable under any circumstances. However, Subscribers can upgrade or downgrade (with limitations on features available during downgrade) their subscriptions which shall have effect from the subsequent billing cycle. Once the account of Subscriber is cancelled by Total ISO they shall not be able to re-register without a written consent from Total ISO if cancellation was for any reason other than non-renewal of the subscription. If they re-register without a written consent from Total ISO all dues and fees paid to date, regardless of whether service has been rendered or not, shall be forfeited. Additionally, any amounts due shall be immediately payable. Total ISO also reserves the right to cancel or terminate a subscription on occurrence of a force majeure event.
Client agrees not to disclose information Client obtains from Total ISO and or from our clients, advertisers, suppliers and forum members. All information submitted by Client, other than Client Content, is proprietary information of Total ISO. All such information is confidential and may not be disclosed to anyone else without the prior written permission of Total ISO. Client agrees not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information belonging to Total ISO in any manner. Any party seeking to report any other potential violations of these Terms may contact Total ISO LLC via email support at TrackISO.com.
Client is bound to renew Client’s subscription with TrackISO.com to continue to use the Application and enjoy the Services, failing which Client’s account will be terminated immediately. Client’s data, if any, stored in our system shall be available to be retrieved by the Client for 15 (fifteen) days from the date of expiry of Client’s subscription and after that the data shall be permanently deleted from Client’s system. Although Total ISO will endeavor to communicate to Client regarding Client’s account expiration and renewal, it shall be Client’s sole responsibility to check regularly Client’s account status and renewal dates.
Client can upgrade or downgrade Client’s subscription plan while renewing Client’s account and the same shall be applicable for the relevant renewal term. However, Client shall not be able to downgrade Client’s account if Client’s resource consumption is greater than the desired downgrade plan, and unless & until Client minimize Client’s resource usage to the desired downgrade plan.
If Client violates the letter or spirit of these Terms, or otherwise creates risk or possible legal exposure for Total ISO, Total ISO can immediately stop providing all or part of our services to Client and terminate the license granted to Client. Total ISO shall notify Client of such termination by email.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Track ISO may assign any or all of its rights hereunder to any party without Client’s consent. Client is not permitted to assign any of Client’s rights or obligations hereunder without the prior written consent of Track ISO, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between Client and Track ISO regarding Client’s use of the Website, Application, the Content, the Add-ons and the Services, and supersede all prior and contemporaneous communications whether electronic, oral or written between Client and Track ISO regarding Client’s use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.
For any question or assistance, please contact Total ISO with subject line-Terms of Service.
Total ISO LLC
7183 N Main St, Suite D,
Clarkston, MI 48346, TOTAL USA
For support: support@TrackISO.com
The governing law shall be that of the state of Michigan and all disputes in relation to or arising out of these Terms shall be filed in the State or Federal courts located in Michigan.