These Terms (“Terms”) apply to your access to and use of the ValuTrac websites and online interfaces (collectively, the “Site”) provided by ValuTrac Software, Inc. (“ValuTrac,” “we,” “us,” or “our”).
If your organization has executed a Subscription Agreement, Order Form, or other written agreement with ValuTrac (collectively, a “Customer Agreement”), that Customer Agreement governs your organization’s use of the ValuTrac services.
If there is any conflict between these Terms and a Customer Agreement, the Customer Agreement will control for the applicable customer. These Terms do not add to or modify any commercial, payment, service level, or other contractual commitments in a Customer Agreement.
These Terms apply to:
Visitors to the Site who are not ValuTrac customers.
Individual users who access the Site or login pages (for example, as an employee, contractor, or other user of a ValuTrac customer) to the extent their use is not already fully governed by a Customer Agreement.
Customers and their authorized users remain subject to their Customer Agreement, which may impose additional or different requirements.
You agree that you will not:
Use the Site for any unlawful purpose or in violation of any applicable law.
Attempt to gain unauthorized access to any ValuTrac systems, accounts, or data.
Interfere with or disrupt the operation of the Site.
Introduce any viruses, malware, or other harmful code.
If you are using the Site on behalf of a ValuTrac customer, you must also comply with any use restrictions in the applicable Customer Agreement.
If you are provided with login credentials, you must keep them confidential and not share them with anyone else. You are responsible for all activity that occurs under your credentials.
We may suspend or terminate access to the Site (or any portion of it) at any time if we believe it is necessary to protect the Site, our customers, or third parties, or if we believe these Terms or a Customer Agreement are being violated.
Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect personal information.
If you are using the Site as an authorized user of a ValuTrac customer, our processing of customer data (including any personal data within that customer data) is governed by the applicable Customer Agreement and any associated data protection terms.
ValuTrac and its licensors own all rights, title, and interest in and to the Site and its contents, including all software, text, graphics, logos, and trademarks, subject to any rights expressly granted in a Customer Agreement.
You may not copy, modify, distribute, sell, or lease any part of the Site, nor may you reverse engineer or attempt to extract the source code of any software used to provide the Site, except to the extent such restrictions are prohibited by law.
To the maximum extent permitted by law, the Site is provided on an “as is” and “as available” basis, and ValuTrac makes no warranties or representations of any kind, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non‑infringement.
Nothing in these Terms is intended to modify any warranties or commitments expressly set out in a Customer Agreement.
To the maximum extent permitted by law, ValuTrac will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, or data, arising out of or relating to your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
If you are a ValuTrac customer (or an authorized user of a customer), any limitations of liability in the applicable Customer Agreement will govern instead of, or in addition to, this Section.
We may update the Site and these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date above.
Your continued use of the Site after the updated Terms become effective constitutes your acceptance of the updated Terms.
Unless a different law is specified in an applicable Customer Agreement, these Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
