BookTrakr is a dba of Groundbreaking Software, Inc. (“BookTrakr”, “us”, “we”, the “company”). BookTrakr has developed www.BookTrakr.com (the “Site”) and associated software used to import reports (the “Software”) for the analysis of Kindle Direct Publishing, iTunes Connect, NookPress, Kobo Writing Life, Smashwords, Google Play Partner Center, and CreateSpace reports (together known as the “Services”). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. If you do not agree to these terms, you should not obtain information from or otherwise continue to use this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full term or duration of your use of the Site and Services. You are responsible for regularly reviewing these Terms. Please review them carefully.
BookTrakr retains the right to, at any time, modify or discontinue any or all parts of the Service without notice. Additionally, BookTrakr reserves the right, at its sole discretion, to modify this agreement at any time, effective by posting new terms on the Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Site and/or Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.
Your eligibility for use of the Services is contingent upon meeting the following conditions:
Upon registration you will be provided with a login identifier (“username”) and a password in order to access the Site and use the Services. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your username and password.
Complete accuracy in all aspects of your analytical data at all times also is not guaranteed. It is understood that the nature of the underlying data means that many numbers are estimated.
All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, are the sole property of BookTrakr, with the exception of any trademarked and/or copyrighted material ("Works") belonging to you or for which you have permission to use that are incorporated into BookTrakr during your use of it. You warrant that all Works used by you and incorporated into BookTrakr are either Works belonging to you or for which you have the full right to use, and that your use of all such Works on BookTrakr will not infringe, misappropriate or violate any intellectual property or other right of any person or entity. Unauthorized use of any materials contained on this Site or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact BookTrakr immediately at the address provided below.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the Site, Service, Engine, or third-party content without prior express written consent of BookTrakr or the respective owner of said material. You are granted a limited-use, non-exclusive license to use the BookTrakr analytics engine and associated code for the purpose of interacting with the Services. BookTrakr may revoke this license at any time without notification or your permission.
The Site and Services are provided “as is.” BookTrakr, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Site or in connection with the Services. You exclude BookTrakr from all liability for damages related to or arising out of the use of this Site or Services. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. BookTrakr does not guarantee these Services will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact form on the Site or directly with the information below. You agree that BookTrakr shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that BookTrakr has no liability with respect to any applications you publish or distribute. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.
You agree to indemnify, defend and hold harmless, BookTrakr, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.
In addition to, but under these terms, you agree to abide by and accept BookTrakr’s’ privacy policy (the “policy”) prior to using the Service. BookTrakr will not sell, share, or disclose your data unless required to by law. Any access of your data by a BookTrakr employee, official, or representative will be for the express purpose of ensuring proper operation of the Service and such person will be bound by the same policy to not sell, share, transfer, or disclose any such accessed data. BookTrakr does at any time reserve the right to access your data without your prior consent if a reasonable belief exists that such data is causing malfunctions, contains malicious code that has or could affect the Service or data of any third-party, infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or such data violates these terms of service or any law.
BookTrakr shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Nevada without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nevada law, rules, and regulations, Nevada law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Clark Country, Nevada. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to BookTrakr must be sent by mail to the address below via first class or airmail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without BookTrakr's prior written consent, and any such attempt is void. The relationship between BookTrakr and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
If you have any questions about this agreement, please contact us here. You may also contact us by mail: BookTrakr.com – 848 North Rainbow Boulevard, Suite 4390, Las Vegas, NV 89107.