Terms and Conditions

Our Terms & Conditions were updated on December 14, 2017.

Use of this website is offered to you on your acceptance of these Terms & Conditions, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms & Conditions, our Privacy Policy and other notices posted on this website.

VaporTrac, LLC (VaporTrac), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms & Conditions without notice or liability to you. However, if you are a purchaser of VaporTrac products and/or services, we will notify you of any such changes via email. Any changes to these Terms & Conditions shall be effective immediately following the posting of such changes on this website. The most recent version of these Terms & Conditions may always be found at http://www.VaporTrac.com/Terms.php. You agree to review these Terms & Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms & Conditions shall constitute your acceptance of all such changes.

Specific purchaser licensing terms and conditions drawn up in an agreement between you, the purchaser, and VaporTrac, LLC will have precedence over these Terms & Conditions.

PURPOSE

VaporTrac.com and our client portal (client.vaportrac.com) are intended as online resources for professionals, deemed by the user to be qualified based on current industry standards, to evaluate vapor and/or radon mitigation system telemetry data provided through VaporTrac’s field monitoring products. VaporTrac units monitor mitigation system vacuum and generate hourly updates through Wi-Fi and/or cellular networks to the VaporTrac servers. Monitoring data is available to our clients through the client’s account. Our websites are not intended to constitute a remediation strategy or advice or substitute for obtaining professional environmental consulting advice.

DISCLAIMER

Vapor or radon mitigation-related topics found on any VaporTrac webpage should not be substituted for professional project-specific advice. As with any new or ongoing task, always consult an appropriate professional before beginning any project, job or task in which VaporTrac services are used. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on or linked with the site, and to consult with an appropriate professional as to whether the information complies with the needs of the project, job or task. VaporTrac assumes no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information, services, or material on or linked to this site. 

Since vapor and radon mitigation developments occur daily, this site may contain outdated material. While VaporTrac makes every reasonable effort to present current and accurate information, no guarantee of any kind is made. VaporTrac is not liable for any damage or loss related to the accuracy, completeness or timeliness of any information contained on this site.

Any links to external web sites and/or non-VaporTrac information provided on VaporTrac.com pages or returned from VaporTrac.com web search engines are provided as a courtesy. They should not be construed as an endorsement by VaporTrac of the content or views of the linked materials.

THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICE PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY VAPORTRAC OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

PRIVACY POLICY

You have read and agree to all of the terms and conditions of our Privacy Policy which are incorporated herein by reference.

CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is accessed by third parties without our consent.

By signing up with us, you agree to receive email communications specific to your account. You also agree to receive other communications from us, which may include but not be limited to, service and promotional information, payment and subscription notices, feedback requests, and newsletters. We will offer an opt-out feature for communications not specific to your account.

USER CONDUCT AND OBLIGATIONS

You agree to follow all applicable laws and regulations when using this website. By uploading material to VaporTrac websites, you warrant that you own the rights to such material or that you have obtained the signed, written permission of the owners of all rights in such material. You shall retain ownership of the copyrights in any original material that you upload to this VaporTrac websites (to the extent such material may be entitled to copyright protection). Furthermore, you agree that you shall not upload, post or otherwise transmit through or to this website any content that:

INDEMNIFICATION BY USER

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms & Conditions.

IN NO EVENT SHALL VAPORTRAC, OR VAPORTRAC'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION, ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY OR USE OF THIS WEBSITE OR ANY INFORMATION, EVEN IF VAPORTRAC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THE FOREGOING NEGATION OF DAMAGES OF ANY KIND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN VAPORTRAC AND YOU. THIS SITE AND THE INFORMATION PROVIDED ON THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH TERMS.

THIRD PARTY WEB SITES, CONTENT AND PRODUCTS AND SERVICES

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other Terms & Conditions on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

PROPRIETARY RIGHTS

All content on VaporTrac websites, including without limitation all programs, interface layout, interface text, documentation and graphics, is the copyrighted property of VaporTrac and is protected by international copyright law. The content on this website may be used by you only as provided for in these Terms & Conditions and applicable licensing and service agreements, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

GENERAL

If any provision of these Terms & Conditions is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms & Conditions shall continue in full force and effect. No waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms & Conditions.

You agree that these Terms & Conditions, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of California and the laws of the United States. The parties consent to the exclusive jurisdiction of the courts of, and venue in, Los Angeles County, California.

CONTACT

If you have any questions or concerns about our website or these Terms & Conditions, please feel free to contact us at 1 (833) VAPORTRAC (1-833-827-6787).