Safety and Security for your Child;
Peace of Mind for Parents

Download
Trackidz Parental Controls
Download
Trackidz Child

CRESOLTECH, LLC – Privacy Policy


TRACKIDZ (together with its parent companies, subsidiaries and affiliates, collectively referred to as “TRACKIDZ” or the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

For purposes of this Agreement, “Service” will refer to all content and services provided on the TRACKIDZ app and website. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. By accepting our Privacy Policy and Terms of Use, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

In consideration of the Company allowing you to use the Service, you agree to be bound by this Privacy Policy (the “Agreement” or “Privacy Policy”). This Privacy Policy is part of the Terms of Use Agreement, which governs your use of the Service. Your use of the Service constitutes your acceptance of the Service’ Terms of Use Agreement, which incorporates this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you should proceed no further and obtain no services through the Service.

Commitment to Privacy

TRACKIDZ is committed to providing high quality service along with the highest level of integrity in dealing with our customers. As an extension of this commitment, this Privacy Policy is designed to assist you in understanding how we collect, use and safeguard information and to assist you in the making informed decisions when visiting or utilizing services provided by TRACKIDZ on the Service. This Privacy Policy will be periodically reviewed and assessed against new technologies, business practices, our customers’ needs, and/or legal developments and may be revised accordingly. Information Collected

    1. Aggregate Information:
      The Service may automatically collect the IP address (but not the email address) of all visitors to our Service. The Service also track the pages within our Service that you view, the date and time you view those pages and various other statistics. This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Service by making our systems more responsive to the needs of visitors.

 

    1. Personal Information:
      We may collect personal information, such as your name, email, User password, the child’s name and display name, device identifier for purposes of activating and maintaining the Service, inventory of installed apps and other information in connection with services and products available or described on the Service when you choose to provide such information. In addition, we may obtain detailed personal information, including, but not limited to email address, Child’s display name and Contacts. By providing personal information, you grant us permission to use such information for our business purposes. Further, we may contact you about selected products, services, companies that we think may interest you or to contact you regarding your requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below. Please also see the section below entitled “Electronic Communications.”By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (“the “Clearances”). By submitting such information, you represent and warrant to TRACKIDZ that all required Clearances have been obtained and TRACKIDZ is entitled to rely on the same.

 

  1. Cookies:
    We may track your visit to our Service by giving you HTML “cookies” when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Service easier. Cookies also help us to collect anonymous clock-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Service may not function properly if you set your computer, smartphone or other relevant device to not accept cookies.

How We Disclose Information Collected

We may disclose your information to our affiliated companies as well as to companies that provide services to us as permitted by law, unless we are otherwise notified by you through the opt-out procedures described below. We may also disclose your information: (a) in response to requests from local, state or federal law enforcement officials; (b) in response to any judicial, administrative, or similar proceeding such as a subpoena; (c) when required by law; (d) to protect and defend our rights, business or property; (e) in special circumstances including in connection with a fundamental corporate structure or ownership change or in response to a physical threat (actual or perceived) to an individual; or (f) to enforce this Privacy Policy or the Terms of Use Agreement.

How We Protect Your Information

    1. Information Security:
      TRACKIDZ does not warrant the security of your information. However, we utilize third party services to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

 

    1. Evaluation of Information Protection Practices:
      Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of information.

 

  1. Employee Access to Your Information:
    In general, our business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.

Choice/Opt-out – Information Uses

Visitors to our Service may be given the opportunity to choose whether to have their information used for certain purposes when asked for the information. Otherwise, visitors who no longer wish to be contacted, to have their information shared pursuant to this Privacy Policy, or to receive our sales alerts and other promotional email notifications may always opt-out of receiving these notifications or from having their information shared for certain purposes by contacting us at support@cresoltech.com; provided however, TRACKIDZ may still disclose your information as set forth in (a)-(f) of the section above entitled “How We Disclose Information Collected.“ You may opt-out at any time and for any reason.

Children’s Privacy

We are sensitive to the need to protect the privacy of children who use the Internet. All information collected from children under the age of thirteen (13) without that child’s Parent’s express authorization and without consent of the parent / Users of the Service will be deleted. If we become aware that information from a child under the age of thirteen (13) has been collected without their Parent’s consent, we will delete it from our files. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us as support@WEBSITE and we will take appropriate steps to remove such information from our files.

Electronic Communication from TRACKIDZ

You will be given the opportunity to specifically consent and request to receive from TRACKIDZ and/or its third party service providers, by electronic delivery, (which includes but is not limited to email (“Electronic Communications”) promotion and marketing information and materials, documents, and any other communications which you may have requested from TRACKIDZ. Your consent is your specific agreement that Electronic Communications provided by TRACKIDZ are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep. By providing your consent, you acknowledge that, for your records, you are able to access and retain Electronic Communications and this Agreement by printing and/or downloading and saving each to a computer. You acknowledge and agree that you are under no obligation to consent to (i) receive Electronic Communications, or (ii) receive Electronic Communications as a condition of purchasing any property, goods or services from TRACKIDZ.

Your current valid email address or is required in order for you to receive Electronic Communications from TRACKIDZ. It is your responsibility to ensure the accuracy of your contact information, including, but not limited to, email address and cell phone number. You may request a paper version of an Electronic Communication or any agreement to which your electronic signature applies. You acknowledge that TRACKIDZ reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications or this Agreement. To request a paper copy of an Electronic Communication, please contact us at support@cresoltech.com

You have the right to withdraw your consent to receive Electronic Communications from TRACKIDZ. You acknowledge and agree that TRACKIDZ has the right to restrict or terminate your access to certain aspects of the Service if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, please contact us at support@cresoltech.com

Electronic Messaging

TRACKIDZ routinely retains electronic messages and uses third party services to safeguard such, but TRACKIDZ cannot completely ensure the security and privacy of electronic messaging communications to and from TRACKIDZ. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.

Release and Limitations

By using the Service you release TRACKIDZ from and agree that TRACKIDZ is not responsible for: (i) any disclosure of personal information made by your to a third party through your use of the Service; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.

Privacy Policies of Other Websites

This Service may contain links to other websites which may be hosted, operated and/or managed by a third party or its contractors. Any information submitted to those other websites or services may be retained, viewed and used by the third parties and/or TRACKIDZ and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. TRACKIDZ is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites or services. We strongly recommend that our visitors read and inquire into the privacy practices of every such third-party website or service that they visit which collects personal information.

 

CRESOLTECH, LLC – Terms of Use Agreement


TERMS OF USE AGREEMENT

You are expected to read these terms and conditions before using this Service in any matter. By using the Service, you’re agreeing to them. The terms and conditions may be amended at any time. Your access to and use of the Service is subject to the Company’s then-current policies relating to the Service. You are responsible for compliance with these terms and all other policies applicable to the access and use of the Service.

For purposes of this Agreement, “Service” will refer to all content and services provided on the TRACKIDZ app and website. CRESOLTECH, LLC together with its parent companies, subsidiaries and affiliates, including but not limited to TRACKIDZ shall collectively be referred to as “TRACKIDZ” or the “Company”. The following TRACKIDZ Terms of Use apply when you view or use the Service, in any manner. Please review the following terms carefully. Again, by accessing or using the Service in any manner, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you simply may not access or use the Service.

You must be 18 years or older to access or use the Service. If you are under 18, then you may not use or access the Service under any circumstances. If you are younger than 18, then you may access and use the Service only if you have your parents’ or guardians’ prior permission. By accessing or using the Service, you represent that you are at least 18 or that you have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child to access or use the Service, then you agree to accept full responsibility for that child’s use of and access to the Service under this Agreement. You may access and use the Service solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you are required to agree to before being given access to any specific areas of Service. The Company reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Service (or any portion thereof) with or without notice. Use of the Service has the same effect as manually signing this Agreement with TRACKIDZ and creates a valid and binding contract between you and TRACKIDZ. You must read all of the terms and conditions as set forth herein prior to accessing or using the Service. Your continued use of the Service constitutes a continuing acceptance of this Agreement as it may be revised from time to time in TRACKIDZ’s sole discretion and without notice to you. This Agreement will be accessible from the app and website, and it is your responsibility to check this Agreement each time before you use the Service for any revisions.

Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Conduct of Use

Users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information, or create an account for anyone other than yourself and your child without permission.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use the Service if you are under 18.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.

When you sign up for the Service, a personalized account will be created. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

License Grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

The Service is the property of TRACKIDZ, its licensors, dealers, vendors and contractors. You are granted a non-exclusive, revocable, and non-transferable limited license to view and use the Service provided (a) it is used only for information, non-commercial purposes, and (b) you do not remove or obscure any copyright notice or other notices found within the Service. You do not have the right to sublicense your rights under this Agreement. Without the express written consent of TRACKIDZ, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Service; (ii) to reproduce any part of the Service or mirror any material contained within the Service on any other server or application; or (iii) to link to or from the Service.

TRACKIDZ reserves the right, at its sole discretion, to deny access to the Service or to take any other appropriate action if it believes that you or someone using your Service has violated an applicable law or this Agreement, or for any other reason.

Computational Resources

As consideration for your right to access and use the Service, you agree that TRACKIDZ has the right to allow the Service to utilize the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access or use the Service for the purpose of facilitating the communication and transmission of content and other data or features to or from you and/or other users of the Service. As additional consideration, you also agree to release TRACKIDZ and indemnify TRACKIDZ from any claims, actions, demands, costs, damages, liabilities and settlements related in any way to TRACKIDZ’s utilization of the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access and use the Service.

Product and Service Representation

The Service may contain general information related to TRACKIDZ is intended to provide parents the ability to control the screen time of their kids and it is also provides Parental Controls tool. The Service has two versions, one is installed on the child’s device and the other is installed on the Parent’s device. The child App is called TRACKIDZ and parents app is called TRACKIDZ Parental Control. The Web Tracking feature of TRACKIDZ is intended to provide parents with tracking of web usage; however, only google chrome is supported by the Service, and no other web browsers will be tracked. With regard to google chrome, as this is a third party browser the reliability of the browser is outside of the Company’s control may interfere with the complete accuracy of the tracking.

Links to Other Websites or Applications

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to users of the Service. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Prohibited Use of the Service

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • Use the service for any unlawful purpose or for the promotion of illegal activities;
  • Attempt to, or harass, abuse or harm another person or group;
  • Use another user’s account without the account owner’s permission;
  • Provide false or inaccurate information when registering an account;
  • Interfere or attempt to interfere with the proper functioning of the Service;
  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Trademarks

TRACKIDZ is a mark owned by CRESOLTECH, LLC and may not be used without the express written permission of TRACKIDZ. There are other trademarks, service marks, trade names and trade dress on the Service owned by TRACKIDZ. You may not use any TRACKIDZ trademarks, service marks, trade names or trade dress without the express written permission of TRACKIDZ.

TRACKIDZ may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Service. Such posting is done with the permission of these third parties, and such material is to be considered the exclusive property of the respective third parties.

Copyrights

All software and content included on the Service, including all text, graphics, logos and images, is owned by TRACKIDZ or third parties and is protected by United States and international copyright laws. You may view and use the content of the Service in connection with your use of the Service. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Service is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Service. The posting of information or materials on the Service does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by an authorized representative of TRACKIDZ.

Warranty Disclaimer

THE SERVICE IS PROVIDED BY TRACKIDZ ON AN “AS IS” “WHERE IS” AND “AS AVAILABLE” BASIS. USERS OF THE SERVICE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE. TRACKIDZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SERVICE, THAT THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACKIDZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OF PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. TRACKIDZ MAKES NO WARRANTIES THAT THE USE OF THE SERVICE OR SERVICES AVAILABLE ON THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS ON A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, TRACKIDZ DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE FOUND ON THE SERVICE OR FEATURED IN ANY BANNER OR ADVERTISEMENT WITHIN THE SERVICE. CONSEQUENTLY, TRACKIDZ WILL NOT BE LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACKIDZ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnity

You agree to defend, indemnify, and hold TRACKIDZ, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, demands, costs, damages, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of this agreement or TRACKIDZ’s privacy policy, your use of the Service, or your violation of the rights of any third party.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, SMARTPHONE OR RELEVANT DEVICE; (E) ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE; OR (F) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRACKIDZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

If you are dissatisfied with any portion of the Service or with any of these terms, your sole and exclusive remedy is to discontinue using the Service and any service or programs provided through the Service.

The negation of damages set forth above are fundamental elements of the basis of the bargain between you and TRACKIDZ. The Service would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Service or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction of any dispute with TRACKIDZ, or in any way relating to your use of the Service, resides in the federal or state courts located in the county of Santa Clara, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving TRACKIDZ or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. By your use of the Service, you hereby irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory). By your use of the Service, you also hereby irrevocably waive, to the fullest extent permitted by applicable law, any right to commence or participate in any class action against TRACKIDZ for claims directly or indirectly arising out of or relating to this agreement or the transactions contemplated hereby (whether based on contract, tort or any other theory).

Assignment

You may not assign your use of the Service. TRACKIDZ may assign this Agreement or any part of it to any third party, without reservation, and in TRACKIDZ’s sole discretion.

Access to the Service

Your use of the Service may be inadvertently temporarily interrupted from time to time. TRACKIDZ hereby reserves the right at any time to temporarily or permanently modify or discontinue certain functions and/or features of the Service, or the Service in its entirety, without notice to you.

Miscellaneous

The Service and these Terms of Use may be changed by TRACKIDZ at any time and in TRACKIDZ’s sole discretion, with or without notice to you. Any modifications to this Agreement will be effective immediately upon posting any revised version of this Agreement on the Service. It is your responsibility to review the Agreement each time you use the Service so that you are aware of any modifications made. Usage of the Service means you accept the then current form of the Terms of Use Agreement for the Service. This Agreement constitutes the entire agreement between you and TRACKIDZ, and supersedes all prior or contemporaneous agreements, representations, warranties or understanding with respect to the Service, the content, products, or services provides by or through the Service. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term of any other term. Should any provision of this Agreement be deemed invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement. If you do not agree to the terms and conditions as set forth herein, please remove or uninstall the Service from your computer, smartphone, or other related device.

]