Approach Me, Inc. doing business as: TrackerX and PointX (“TRACKERX”) or (“We”) owns and operate this Website and relating App. This document governs your relationship with TRACKERX Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). We often refer to (“this site”) this includes the website, the apps associated with this website, including TrackerX and PointX Apps. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
We want to welcome you to our online store, and our apps. TRACKERX provides our services to you, subject to the following conditions. If you visit or shop within TRACKERX, you accept and agree to adhere to these conditions. Please read them carefully and contact us with any questions.
Please review our Privacy Policy, which also governs your visit to our website and use of our app, to understand our practices.
When you visit TRACKERX or send e-mails to us or use our communication method of the app, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, push notifications, texts or by posting notices on this site. You agree that all agreements, notices, disclosures, invoices, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TRACKERX or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of TRACKERX, with copyright authorship for this collection by TRACKERX, and protected by international copyright laws.
TRACKERX’s trademarks may not be used in connection with any product or service that is not TRACKERX’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TRACKERX. All other trademarks not owned by TRACKERX, or its subsidiaries, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TRACKERX or its subsidiaries.
TRACKERX grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TRACKERX. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TRACKERX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TRACKERX and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing TRACKERX’s name or trademarks without the express written consent of TRACKERX. Any unauthorized use terminates the permission or license granted by TRACKERX. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TRACKERX so long as the link does not portray TRACKERX, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo from TRACKERX or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or your mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. TRACKERX and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TRACKERX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant TRACKERX and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TRACKERX and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify TRACKERX or its associates for all claims resulting from content you supply. TRACKERX has the right, but not the obligation, to monitor and edit or remove any activity or content. TRACKERX takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased from TRACKERX are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If an item purchased through our site was not received, meaning you have reported it not received, and there was no proof of delivery, we will at our own discretion send another item or refund you the purchase price.
While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website and the App or the information, products, services, or related graphics contained on the App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Please note that TRACKERX, website and our App and the information rendered is highly dependent on many outside factors including but limited to, the availability of cellular service, the availability of internet connection and the strength of the signal on both. Our program includes the additional utilization of the compass built or used by your mobile device, and highly relies on GPS signal. Thus any inaccuracies or unavailability of any of the above could result in error in the output and may affect the reliability of the direction, distance, location and positioning of users, destinations, TrackerXs and mobile devices. Please use at your own risk. You agree not to hold TRACKERX or any of its associates, affiliates or any of its direct or indirect partners harmless from any liability of any kind. If you do not agree to these terms, please do not use TrackerX and return it unused for a full refund.
In no event will we be liable for any loss or damage INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES., or any loss or damage whatsoever arising reliance on the use of Trackerx, the website, and/or the app or its accuracy. You agree that our maximum liability in any case is limited to the price paid to TRACKERX for the unit purchased from TRACKERX.
Every effort is made to keep the App up and running smoothly. However, ApproachMe takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond our control.
TRACKERX and its associates attempt to be as accurate as possible. However, TRACKERX does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TRACKERX is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY TRACKERX ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRACKERX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRACKERX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRACKERX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRACKERX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRACKERX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting TRACKERX, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and disputes of any sort that might arise between you and TRACKERX or its associates.
Any dispute relating in any way to your visit to TRACKERX or to products you purchase through TRACKERX shall be submitted to confidential arbitration in the County of Santa Clara, State of California, USA, except that, to the extent you have in any manner violated or threatened to violate TRACKERX’s intellectual property rights, TRACKERX may seek injunctive or other appropriate relief in any state or federal court in the state of State of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Please review our other policies on this site. These policies also govern your visit to TRACKERX. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Please direct any questions or concerns to:
Approach Me, Inc. DBA TrackerX & PointX
1680 Civic Center Drive #220
Santa Clara, CA 95050
USA
or email us at