Terms of Service

Please take a moment to review the following Terms of Service (“TOS”) before using the website of My Shop Tracker (“MST” or “our” or “us” or “we”) website, as it governs your (the “user”) use of our website, details MST’s privacy policy, and controls any agreement for subscription services between you and MST.

MST provides a convenient electronic repository of your relevant shop information. MST provides this service to you subject to the following TOS, which may be updated by us from time-to-time without notice to you. As a user of this website or as a subscriber to any services provided by MST, you are required to honor all the terms and conditions set forth hereinbelow. Continuing your use of this website or any subscription services provided by us, signifies your agreement to the all rules and guidelines set forth hereinbelow as may be amended from time-to-time in the sole discretion of MST.

Website Use Terms and Conditions

No communication between you or any other person and MST via this website should be interpreted as establishing a client relationship with MST. PLEASE DO NOT use the e-mail interface to send any privileged or confidential information to MST. MST does not cannot maintain or guarantee the confidentiality or receipt of any information the user or any other person sends to MST through this website.

This website may contain links to other resources on the Internet. These links are solely provided to assist visitors in locating these resources. MST does not incorporate any materials appearing in such linked sites by reference, and MST does not necessarily sponsor, endorse or otherwise approve of such linked materials. A link to another website does not imply any relationship, affiliation or approval of the linked resources and/or their contents by MST. MST is not responsible for the content on any other website.

All content available on this website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “content”) is the property of MST and is protected by United States and international copyright laws.

Some content, including, but not limited to, the trademarks, logos, and service marks displayed on this website (collectively, the “trademarks”) are the registered and unregistered marks of MST, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable law, neither the content or trademarks nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the prior written consent of MST.

MST does not guarantee that this website will be free of errors or will operate continuously. Neither MST nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, services, and materials found or offered on this website for any particular purpose. By way of example only and not meant to be an exhaustive list of possibilities, the mileage calculator provided is not guaranteed for accuracy for any purpose – the user is fully responsible for checking the accuracy of the mileage calculated for the user’s specific purpose. The user acknowledges that such information and materials may contain inaccuracies or errors and MST expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of the website and services of MST is at your sole risk and are provided on an "AS IS" and "AS AVAILABLE" basis.

The user of this website may not:

  1. Send unsolicited commercial e-mail to the e-mail addresses provided on this website (spam, chain e-mails, advertising solicitations and similar e-mail solicitations are expressly prohibited);
  2. Delete, modify or attempt to change or alter any of the content on this website;
  3. Use any device, software or routine that interferes with the proper functioning of this website or servers or networks connected to this website, or take any other action that interferes with other parties’ use of this website;
  4. Use this website or the content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of the user’s online transmission;
  5. Use any “robot,” “spider,” or other automatic or manual device or process for the purpose of compiling information on this website for purposes other than for a generally available search engine; or
  6. Use any MST names, service marks, or trademarks without the prior written consent of MST, including without limitation as metatags or hidden text.

MST’s Privacy Policy

This Privacy Policy discloses the privacy practices for our site and various related services (together referred to as the “site”). MST is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this site.

You acknowledge that this Privacy Policy is part of our TOS, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site.

We reserve the right to change this Privacy Policy at any time. You acknowledge and agree that it is your responsibility to review this site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy, and (b) agreement to abide and be bound by the modified Privacy Policy.

  1. Types of Information Collected

In order to better provide you with our services, we collect two types of information about our users: Personally Identifiable Information and Non Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership, ordering a service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.

  1. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you, for example, (a) register for our services and register your E-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send e-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. We may also collect information from you at other points on our site that state that such information is being collected.

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads, if any, were presented and clicked upon at our site.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our site, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our TOS and this Privacy Policy.

  1. Release of Information

We do not sell, trade, or rent your Personally Identifiable Information to others. We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, we must release your credit card information to the card issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our site and services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

  1. Updating and Correcting Information

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site.

Please include your name and e-mail address when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

  1. User Choices on Collection and Use of Information

We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only MST (or agents working on behalf of MST and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

  1. Security of Information

At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected MST personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby reasonably prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside MST you will not be asked to select a password in order to view or modify such information.

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

  1. Cookies

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

  1. Privacy Policies of Third Party Sites

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

  1. Miscellaneous Privacy Issues

You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, E-mail address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending us an e-mail.

Hold Harmless

User agrees to indemnify and hold harmless the MST and its affiliates, owners, directors and other officers, employees, agents and permitted delegates (together, the “Indemnified Parties”) against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, claims, demands, suits, costs, expenses, or disbursements of any kind or nature whatsoever that may be imposed on, incurred by, or asserted against any of them (“Losses”) in connection with the use of this website and the provision of the services by MST. In addition, no Indemnified Party will be liable to the user, or any of its affiliates, directors and other officers, employees, agents, clients, or any other person on account of anything done, omitted, or suffered by any Indemnified Party in connection with the use of this website or the provision of services by MST.

Governing Law

The TOS shall be construed according to the laws, and not the laws pertaining to choice or conflict of laws, of the State of Texas. User agrees that the choice of venue for any litigation pertaining to the TOS will be the proper state or federal court sitting in Collin County, Texas.

Severability

In the event any section, or any portion within any section, of the TOS is declared by a court of competent jurisdiction to be void or unenforceable, such portion or section shall be deemed severed from the remainder of the TOS and the balance of the TOS shall remain in full force and effect.

Subscription Services Terms

Upon submission of the required information, your credit card will be charged $35 (plus any applicable taxes) which will cover your subscription services for a one-year period of time beginning the day your credit card is charged. Either party may terminate the services under this TOS at any time upon written notice to the other party. If you cancel your services with MST, you will not receive any type of refund for the remaining period of time in your one-year period. If MST cancels your services, you will receive a prorated refund.

Upon the one-year anniversary of your services, you authorize MST to charge the credit card on file with MST to automatically renew your subscription for an additional one-year period of time at the current price charged for a one-year subscription (including any applicable taxes). If the automatic renewal charge is not honored by the credit card on file with MST, MST reserves the right to unilaterally discontinue or freeze your ability to access any information you have with MST until the renewal fee is paid in full.

As part of your annual subscription, you are allocated 100 megabytes of storage with MST. If, however, the information you store with MST exceeds 100 megabytes, your credit card on file with MST will be charged $10 (including any applicable taxes) to provide you an additional 100 megabytes of storage.

Modifications To Service

MST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service (or any part thereof) MST provides with or without notice. You agree that MST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MST service.

Account Termination

You agree that MST, in its sole discretion, may terminate your account, and remove and discard any information within the service, for any reason, including, without limitation, for lack of use or if MST believes that you have violated or acted inconsistently with the TOS. MST may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MST may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that MST shall not be liable to you or any third-party for any termination of your access to the service.

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