OVERVIEW AND ACCEPTANCE OF TERMS
At Customer’s election, Customer may, from time to time, request, receive, and Trak may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee (each a “Service”), and Customer’s receipt and use of such Services shall, at all times be subject to this Agreement. The Term “Service” includes, but is not limited to, the provision of any of Trak’s products and services, including consumer credit report(s), consumer credit risk score(s), commercial credit report(s), commercial credit risk score(s), consumer credit monitoring, commercial credit monitoring, consumer and commercial credit score monitoring and tracking (including all the data contained therein), the receipt of any alerts notifying you of changes contained in your consumer and/or commercial credit report(s), regardless of the manner in which you receive the Services, whether by email, through a website or mobile application, by telephone, or through any other mechanism by which the Service is delivered
or provided to you. The term “you” or “User” refers to a visitor or Customer. For purposes of this Agreement, the terms “we,” “us,” or “Trak” refer to Trak Technologies and referred to as Trak on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers (including, without limitation, cloud service providers and credit data providers) who Trak uses in connection with the provision of the Services to you.
THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREINAND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICES ANDWEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONSSET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOTORDER, USE OR ACCESS ANY SERVICES AND WEBSITES, OR ANY OF THE INFORMATION WITHIN THESERVICES AND WEBSITES, DISCARD ANY INFORMATION YOU RECEIVED IMMEDIATELY AND CALLCUSTOMER CARE TO CANCEL YOUR MEMBERSHIP.
PERMISSIBLE PURPOSE AND CONSENTS
You understand and agree that, by establishing an account with Trak, or submitting or enrolling for any Service, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Trak and/or its parent company KAPED, Inc. ("KAPED") to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you have an account with Trak, and such information may be obtained from CreditSafe, LexisNexis Risk Solutions, Equifax, Experian Information Solutions, Inc., TransUnion, LLC, and/or Dun & Bradstreet, Inc. (“Credit Bureaus”) or any other credit reporting company. You understand and agree that, pursuant to such authorization, Trak may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that, by establishing an account with Trak, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts via SMS text at the number provided during account creation. You understand and agree that Trak may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to Trak for Trak to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you to review while you have an account with Trak.
You further understand and agree that, by establishing an account with Trak, or submitting your order or enrolling for any Service, you have provided “written instructions” in accordance with the FCRA for Trak to obtain and use the information you have provided, and your credit report(s) and/or score(s) to notify you of credit opportunities and other products and services that may be available to you through Trak or through unaffiliated third parties (as explained in the section below entitled “General Description of Services”). You understand and agree that Trak receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website (including, for example, the order in which they appear).
This Agreement may be updated from time to time. Online customers should check this website regularly for updates to this Agreement and the included Terms and Conditions. Each time you order, access or use any of the Services and Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement and included Terms and Conditions.
Last Revision Date: 6/10/2021
GENERAL DESCRIPTION OF SERVICES
The Services and Websites are meant to provide you a means to review your personal and business finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of commercial credit opportunities and other products and services that may be available to you and your business entity through Trak or through third parties (such as, among other things, advertisements or offers for available credit cards, loan options, business products or services, or credit related products or services and other offers to you and/or your business entity, the ability to track and collect certain credit information specific to you and/or your business entity, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates). The Services and Websites are meant for you and your business’s use only. The Services and Websites may also provide you other third-party products or services. This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes, the attributes of your business entity (and/or your consumer report and credit score and business entity’s commercial credit report and score). These offers may also be generic and may not contain offers based on information specific to you or your business entity.
We will identify those Services that are provided to you free of charge. Some of the Services (including Premium and Premium Plus) require a fee at the time of Service purchase or enrollment. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize Trak to: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g. monthly or annual basis) for membership renewals.
If at any time while you have a paid account with Trak, you may choose to downgrade your membership to a different Service plan, including a free Service. You may downgrade your account by contacting Customer Support or by using any other method specified on the Websites. For the sake of clarity, downgrading your account will not cancel your membership. To cancel your account in its entirety and no longer receive Services, you must cancel your account by contacting Customer Support or by using any other method specified on the Websites and expressly cancel your account to no longer receive such Service. In all events, your account with Trak, (including your access to and use of any Services and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account), shall be governed by this Agreement and these Terms and Conditions.
You acknowledge and agree that Trak (including its Services and/or Websites) has not and does not provide you or your business entity, legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide various other third-party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which Trak may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. Further, Trak does not represent, warrant or guarantee approval of any loan offer or service offered by a third party on any Website or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible approval are for illustrative purposes only and may vary based on your individual and business entity’s financial circumstances and the terms made available to you by the applicable issuer or lender. Trak disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible approvals or benefits made by Trak or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender’s website. Once you click apply for any offers, you will be directed to the issuer or lender’s website where you may review the terms and conditions of the applicable opportunity or offer before applying.
MODIFICATION OF PRODUCTS
Trak may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Trak will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.
USE OF THE SERVICES
In consideration of your order of, access to, and/or use of any Services and/or Websites you agree to provide true, accurate, complete and current information about yourself and any business entity you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or when requested todo so by Trak. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, fraudulent, inaccurate or not current, or if Trak has reasonable grounds to suspect that such information is, fraudulent, not current, or intended for misuse, Trak, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Service and/or Website, and refuse all current or future orders of, use of, and/or access to, Service and/or Website, or suspend or terminate any portion thereof. In the event that Trak suspends or terminates your order of, use of, and/or access to, any Service and/or Website for any purpose other than fraud or misuse, Trak will allow access to retrieve your records and data for 5 business days prior to shut-off.
Further, you agree that Trak will not be liable to you, any business entity you are or have enrolled, or any third party if Trak suspends or terminates your order of, use of, or access to any Service and/or Websites, or anyportion thereof, for any reason. You acknowledge and agree that Trak may, in its sole discretion, retain anyinformation you provided to it or generated by Trak (or its affiliates/suppliers, including but not limited to Experian,TransUnion and Dun & Bradstreet) while you have an account with Trak, including any information about you andany credit card or payment or other information obtained in connection with your account and/or the provision ofany Service. If Trak does retain any such information, you acknowledge it is not obligated to retain that informationfor any specified period of time.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTIONBY CALLING TRAK ́S CUSTOMER SUPPORT DEPARTMENT AT 855-226-8388. IN THE UNLIKELY EVENTTHAT TRAK ́S CUSTOMER SUPPORT DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAYHAVE TO YOUR SATISFACTION (OR IF TRAK HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HASWITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSEDISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OFGENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MOREINFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF AJUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERYLIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT ACOURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON ANINDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. TRAK WILL PAYALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS.HOWEVER, IN ARBITRATION, BOTH YOU AND TRAK WILL BE ENTITLED TO RECOVER ATTORNEYS ́FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) Trak and you agree to arbitrate all disputes and claims between us, except any disputes or claims which undergoverning law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted andto make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. It includes,but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort,statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any otherlegal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating toadvertising); claims that are currently the subject of purported class action litigation in which you are not a memberof a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “Trak,” “you,” and “us” shall include our respective parententities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of theforegoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information underthis or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action insmall claims court. You agree that, by entering into this Agreement, you and Trak are each waiving the right to atrial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, andthus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Thisarbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice ofDispute (“Notice”). The Notice to Trak should be addressed to: Legal & Compliance, Trak, 517 N Mountain Ave.,Suite 205 Upland, CA 91786(“Notice Address”). The Notice must describe the nature and basis of the claim ordispute and set forth the specific relief you seek from Trak(“Demand”). If Trak and you do not reach an agreementto resolve the claim within 30 days after the Notice is received, you or Trak may commence an arbitrationproceeding. During the arbitration, the amount of any settlement offer made by Trak or you shall not be disclosedto the arbitrator until after the arbitrator determines the amount, if any, to which you or Trak is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Trak receives notice at the Notice Address that you have commenced arbitration, it will promptlyreimburse you for your payment of the filing fee. (The filing fee currently is $125 for claims under $10,000, but issubject to change by the arbitration provider. If you are unable to pay this fee, Trak will pay it directly uponreceiving a written request at the Notice Address.) The arbitration will be governed by the Commercial DisputeResolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAARules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administeredby the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or bywriting to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as wellas the Agreement ́s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreementincluding, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless Trak and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Trak will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Trak for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND TRAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR ORITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSOR REPRESENTATIVE PROCEEDING. Further, unless both you and Trak agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph(f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Trak makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any credit monitoring or other product, you may reject any such change and require Trak to adhere to the language in this provision if a dispute between us arises regarding such membership product.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
> You have been denied credit, insurance or employment in the past 60 days as a result of your report
> You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
> You are a recipient of public welfare assistance
> You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from Trak to dispute inaccurate or incomplete information in your consumer credit file or to receive a copy of your consumer disclosure.
The credit report you are requesting from Trak is not intended to constitute the disclosure of consumer credit information required by the FCRA or similar state laws. Such consumer disclosures must be obtained directly from one or all of the three national credit reporting companies (Experian, Equifax, Transunion).
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax®, and TransUnion®) once every 12months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from one or all of the three national credit reporting companies that are available from Trak may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go towww.annualcreditreport.com, or call 877-322-8228. Trak’s Products are not related to the free FCRA disclosure that you are or may be entitled to.
Consumers Have The Right To Obtain A Security Freeze
You have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
The Services made available through the Websites are intended for use by U.S. users only. We make no representation or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, including within the United States, at any time and in our sole discretion.
NOTICE OF PROSECUTION
Your access to and use of password protected and/or secure areas of the Product Websites are restricted toauthorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may besubject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. Inaddition, any person who knowingly and willfully obtains a consumer credit report or disclosure under falsepretenses may face criminal prosecution.
SECURITY MEASURES AND AUTHENTICATION
Because Trak uses security measures designed to protect your privacy and to safeguard your information, Trak may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers. For example, for certain online Products, when the system is unable to authenticate you, you may be routed through a manual authentication process. In the event that you are routed through a manual authentication process, it is your responsibility to complete authentication so that you can gain access to your membership on the website. Your membership will continue and we will continue to monitor your credit report, all of which will be available to you once you complete authentication. Consequently, you will continue to be billed for your membership and the associated services available to you until you downgrade to a free Service or cancel. For certain products, Trak cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times. For such products, you will not be charged prior to authenticating your identity or alternatively, you will be refunded any charges billed in the event you are unable to authenticate your identity.
REVIEW AND RECEIPT OF PRIVACY NOTICE
ELECTRONIC NOTICE DISCLOSURE, CONSENT, AND DELIVERY OF PRODUCTS
By providing Trak with your email address, you are providing your affirmative consent to receive emails from Trak in order to receive Product alerts, changes to your credit report, notices and other communications.
Affirmative Consent. When you use a product or service to which this Consent applies, you are providing your affirmative consent that we may provide you with any Notice in electronic format, and that we may discontinue sending paper Notices to you, unless and until you withdraw your consent as described below. We may also use electronic signatures and obtain them from you as part of our transaction with you. You must have an email address and a Java-compatible browser to receive your Products online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with Trak. You are obligated to update the email address on file when your email address changes. In the event that you 1) fail to update your email address on file with Trak; or, if applicable 2) fail to provide your affirmative consent to receive email from us, and thus Trak is unable to deliver email messages to you, you nonetheless understand and agree that the Product will be fulfilled at the price agreed upon at the time that you placed your order. Acceptance of this consent is not a condition of establishing any business relationship or engaging in any transaction. If you would like to use Trak’s services without consenting to receive notices electronically, please call us at 1- 888-656-3823.
Paper Copies. You may request paper copies of Notices by calling us at 1- 888-656-3823. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.
Online Hardware and Software Requirements. To receive Notices in electronic form, you must have access to:
Updating Your Contact Information. You must have an active e-mail address in order to use the Service. You must promptly notify us of any change in your e-mail address or other contact information. You may change your e-mail address on record once logged into Trak.com by going to your profile and updating your contact information. You may also notify us by calling us at 1- 888-656-3823. Additionally, you may notify us by writing to us at Trak Technologies, ATTN: Customer Service, 517 N Mountain Ave., Suite 205, Upland, CA 91786. If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that all Notices shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, emailed to the e-mail address we have for you in our records, or delivered through other electronic means.
Withdrawal of Consent to Electronic Notices. You may withdraw your consent to receive Notices electronically at any time by calling us at 1- 888-656-3823. You may also notify us by writing to us at Trak Inc., ATTN: Customer Service, 517 N Mountain Ave., Suite 205, Upland, CA 91786. You will not be charged a separate fee if you choose to withdraw your consent. Any withdrawal of your consent will be effective only after we have had a reasonable period of time to act upon your withdrawal. Any withdrawal of your consent to receive electronic communications will not affect the legal validity, enforceability and binding effect of any Notice you received, electronic or otherwise, before the effective date of the withdrawal of your consent. Even if you choose to withdraw your consent to receive notices electronically, the website and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you again provide affirmative consent to receive e-mails or not.
NO WARRANTY BY TRAK
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCTWEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES, ANDCONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TRAK AND ITS SUPPLIERSEXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THEINFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHERMATERIALS YOU MAY RECEIVE FROM TRAK DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OROTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN, WITHIN THESE TERMS ANDCONDITIONS, TRAK MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT AREACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled “Use of the Products,” found herein.
Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TRAK WILL NOT BE LIABLE TO YOU (OR ANY OF YOURMINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE,OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, ORFROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IFAPPLICABLE), EVEN IF TRAK HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOMEJURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION ORLIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THEAFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BYAPPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON TRAK, THEN YOU AGREE THAT TRAK’S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY ORALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM TRAK’S ACTS OROMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEEDTHE AMOUNT PAID BY YOU TO TRAK FOR THE PRODUCT(S) YOU PURCHASE FROM TRAK.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
None of our services for which you pay us money, including our credit monitoring services, are offered or provided with respect to the extension of credit by third parties. You are paying us only for credit monitoring services. You are not paying us to advise you or assist you in obtaining a loan or improving your credit record, history, rating or Score. Trak offers access to your credit report, your VantageScore 3.0®, and other credit information. Trak and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Websites, and Content in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit reportcontains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reportingcompany, and follow the appropriate procedures for notifying the credit reporting company that you believe thatyour credit report contains an inaccuracy. Any information provided to you regarding the procedures followed bythe various credit reporting companies related to the removal of inaccurate, non-fraudulent information is providedwithout charge to you and is available for free. Any such information is not included as part of your credit scoremonitoring product but is provided free of charge to all consumers, regardless of whether they are members of thecredit score monitoring product.
The VantageScore, with scores ranging from 300 to 850, is a user-friendly credit score model developed by VantageScore Solutions, LLC to help you see and understand how lenders view your credit worthiness. It is not a FICO score and is not usually used by lenders, but it is indicative of your overall credit risk. Higher scores represent a greater likelihood that you ́ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Your credit score is based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit score can vary if the information they have on file for you is different. And since the information in your file can change over time, your credit score may be different from day-to-day.
Lenders and insurers use several different credit scoring models so don’t be surprised if your lender gives you a score that ́s different from the VantageScore 3.0 you receive online. Just remember that your associated risk level is generally the same even if the number is not. If the lender ́s score is lower than your online score, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
REGISTERING FOR ANY PRODUCT
To request a credit report or score, or purchase any Product, you must have an address within the United States, provide a valid Social Security number, address, email address and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that Trak can process your order. You must provide valid credit card information. Trak will then evaluate your complete registration information.
In certain jurisdictions, sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
For certain Products and/or channels where Products are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
CREDIT MONITORING – ADDITIONAL TERMS AND CONDITIONS
Your membership in any of Trak’s products for which Trak charges you a monthly fee credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive 30-day membership term, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed on this Web Site, or by calling 888-656-3823. If you are a monthly subscriber and choose to cancel after your free trial ends or anytime during your monthly billing term, your membership and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. If you change your membership level from a paid membership level to a free membership level, your paid membership will terminate immediately and you will lose the ability to access paid membership benefits and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. Trak reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.
CREDIT REPORTS AND CREDIT SCORES – ADDITIONAL TERMS AND CONDITIONS
When you use any Product, Product Website and/or Content to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
Disclaimers: You acknowledge that the information provided to you through the VantageScore 3.0 products, including the score factors derived from the elements in your credit report, may change over time as your credit report changes. You also acknowledge that the score factor information on how to monitor your credit position assumes there will be no adverse changes in your credit performance. TRAK IS NOT RESPONSIBLE FOR THEACCURACY OR CONTENTS OF YOUR CREDIT FILE, INCLUDING BUT NOT LIMITED TO, INFORMATIONDELIVERED IN THE CREDIT REPORT AND/OR SCORE PRODUCTS. Please note that pursuant to section 609fof the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
LOAN REALITY CHECK REPORTS AND SCORES – ADDITIONAL TERMS AND CONDITIONS
Our services to you my contain third party content or links to third party websites, applications or services(collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Trak account with accounts or services provided by third parties, such as accounts you maintain with financial institutions. We do not control, maintain, or endorse the Third Party Content or Third Party Services and Trak is not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content of Third Party Services, including any privacy policies and terms of service. Trak is not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
Users may direct Trak to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Trak works with one or more online service providers to access this Account Information. Trak does not review the Account Information for accuracy, legality or non-infringement. Trak is not responsible for the Account Information or products and services offered by or on third party sites.
ACCOUNT INFORMATION FROM THIRD PARTY SITES
Trak cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain or loss of data, personalization settings or other service interruptions. Trak cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account information through the Services, in the manner prescribed in the associated instructions.
RIGHTS YOU GRANT TRAK
PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Trak is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR
NEITHER TRAK NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE.TRAK IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you and your business in your financial organization and decision-making and is broad in scope. Your business financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your unique circumstances.
Trak’s online marketplace offers provide you with information about potential loan products that may be suitable for your business and for which your business may qualify for based on information provided to Trak by you. Trak does not negotiate or assist in the application process on your behalf and does not receive nor request compensation for providing you with marketplace offers. Trak is not a lender and is not engaged in the business of making loans. Trak makes no promise or guarantees to procure a loan for any person or business. In the event that you are approved, you accept, and receive funds from a third-party service provider in Trak’s online marketplace, you certify that any such funds received are for business purposes only and will be placed in a business accounts egregated from any personal account.
You acknowledge and agree that Trak’s name, the Trak Logo, Page Headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Trak (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Trak Marks may not be used in connection with any product or service that is not Trak’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trak. All other trademarks, product names, or logos not owned by Trak that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Trak or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Trak or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. PENDING
Last Revised: July 8, 2021
By using the Site, you agree to the terms of this Policy. If you do not agree to the terms of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You agree to obtain annual notices of, and changes to, this Policy electronically by visiting this Site. You can determine when this Policy was last revised by referring to the “Last Revised” legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. Therefore, we encourage you to review this Site from time to time for changes to our Policy.
WHAT TYPES OF INFORMATION DO WE COLLECT ABOUT YOU?
We collect personal information and non-personal information through the Site. Personal information is information that identifies you as an individual. Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
Personal information. We may collect the following types of personal information:
Without your permission, we do not allow third parties to collect personally identifiable information (PII) about a user’s online activities, over time and across different sites, services, and applications, when that user uses our site, service, or application. PII that you have given permission to be collected may be retrieved, reviewed, and deleted at your request, by contacting Trak.
Non-Personal information. When you visit the Site, we may collect non-personal information, such as a catalog of the Site pages you visit. Non-personal information is generally collected through the Site from the following sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
HOW DO WE USE THE INFORMATION COLLECTED?
Personal Information. We may use personal information we collect in the following ways:
Non-Personal Information. Because non-personal information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to disclose such non personal information to other third parties, for any purpose.
In some instances, we may combine non-personal information with personal information. If we combine any non-personal information with personal information so that it personally identifies you, the combined information will be treated by us as personal information if it is combined.
We may, along with our affiliates and marketing partners enhance and/or merge personal information about you with data collected from other sources and use it in direct and/or online marketing and, to the extent permitted by law, individual reference and look-up service programs. In the event we enhance and/or merge such personal information with data collected from other sources, we will take reasonable steps to maintain the integrity and quality of that information.
DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
We may disclose information about you to affiliated and non-affiliated third parties.
You have choices when it comes to updating your information, learning about new offers or products offered by us, our partners or affiliates. If you do not wish to receive offers of products from us, our partners or affiliates, here are the methods in which you can opt out:
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
HOW DO WE PROTECT YOUR INFORMATION?
We have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem as soon as possible by contacting us in accordance with the Section “Contacting Us” below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
We control and operate the Site from the United States, and the Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
CALIFORNIA PRIVACY RIGHTS
California residents may be entitled to additional rights over their personal information. For more information about those rights and how to exercise them, please see our California privacy notice here, which is incorporated by reference into this policy.
A SPECIAL NOTE REGARDING INDIVIDUALS UNDER 18 YEARS OLD
The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals not provide personal information through the Site. If you are under 18 years of age, you may browse our Site; however, you may not provide personal information to us such as name, address, or email address, and you may not register for, enroll in, and/or make product purchases.
If you have any questions regarding this Policy, please contact us at 888-656-3823. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
February 06, 2022
This Cardholder Agreement establishes the terms and conditions between you and Trak Technologies Incorporated d/b/a Trak.Credit (“Trak.Credit”) for the issuing and use of Cards and a Company Account. You consent to this Cardholder Agreement and to receive all Notices under this Cardholder Agreement electronically. Capitalized terms used in this Cardholder Agreement have the meaning provided below in Section 4. We may update or replace this Cardholder Agreement by posting an updated version to the Trak.Credit website or notifying you by email. You are responsible for complying with any updated terms.
PLEASE READ THIS CARDHOLDER AGREEMENT CAREFULLY AS YOUR ACCEPTANCE AND USE OFCARDS IS YOUR CONSENT TO THESE TERMS AND CONDITIONS.PLEASE READ THIS CARDAGREEMENT CAREFULLY AS YOUR ACCEPTANCE AND USE OF CARDS IS YOUR CONSENT TOTHESE TERMS AND CONDITIONS.
1. Managing and Using Corporate Cards
1.1 Applying for, Receiving, and Activating Cards
You must complete an application and be approved for or have opened a Trak.Credit Account, andmaintain it in good standing, prior to requesting Cards. You are solely responsible for any actions Administrators take on your behalf and mustimmediately notify us if an Administrator has been removed. Only persons Authorized by your company (the “Company”) may initiate Charges on issued Cards.
You authorize us (and our partners) to investigate the Company, Cardholders, and principals when opening or reviewing the Company Account. The Company Account may be subject to annual or more frequent review, and we and our partners may reinvestigate and reevaluate the Company Account at any time and require additional information (including additional financial information) or otherwise verify your current credit standing. You will promptly provide us all information we or or partners request. We and our partners may exchange information with business credit reporting agencies or other financial service providers the Company may use when evaluating the Company Account.
Cards must be activated prior to use. Activation instructions for virtual Cards are provided to Cardholders through your Trak.Credit Account .
We may, in our sole discretion, refuse to issue any requested Card. We also have the right to cancel, revoke, or suspend any Card at any time without notice.
To help the government fight the funding of terrorism and money laundering activities, US Federal law requires that Trak.Credit and other financial institutions obtain, verify, and record information identifying companies and their beneficial owners. You agree to provide the required information when opening your Trak.Credit Account and further agree to keep such information current. This information may be shared with us for these purposes.
1.2 Using Cards
Cardholders may onlyuse Cards to make bona fide business purchases on behalf of Company at merchants that accept payment over the Card Network.
Cardholders may use Cards for subscriptions or other recurring Charges. You are responsible for anyCharges resulting from subscriptions or recurring Charges even where they result from a Cardholder neglecting to cancel the subscription or recurringCharge.
Trak.Credit, Issuers,Card Networks, or other intermediary Third-Party Service Providers (includingmerchant acquirers) may deny or reverse Charges for any reason. We are notresponsible for any losses, damages, or harm caused by any Charges that aredenied or reversed.
All Users are subjectto all terms, agreements, and policies incorporated by reference, includingthese AdCard Card Program Terms, and must comply with all of the User Terms.Company is responsible for ensuring that Users read, understand and comply withtheir obligations with respect to use of the Cards and the Services.
Prior to finaldetermination by a merchant of the amount owed pursuant to a Charge, we mayplace a hold on a Card and reduce the spending limit by the amount of thetemporary hold until the merchant or Card Network releases the hold. Forexample, a hotel may authorize a $250 Charge for incidentals upon an employee’sarrival but will not submit a Charge to the Card Network until the employee’sdeparture once the actual costs of incidentals are known; and in such case, wewould place a hold on the account and reduce the spending limit by $250.
We will use FinancialData from Linked Accounts to verify account balances and account information,identify spending patterns and potential fraud, determine and review spendinglimits, analyze and report transactions, and provide Services to you. You must maintainat least one Linked Account at all times and agree that we may directly debitany Linked Account for payment of amounts owed. You may change or update LinkedAccounts through your Trak.Credit Account. Use of specific Services or featuresmay also require us to access Company Data through Third-Party Services.
1.3 Limitations onUse
Cards may not be usedfor any unlawful purpose; for any personal, family, household, or other use notfor Company’s benefit; for cash advances or withdrawals; or for any ProhibitedActivities.
We may decline toauthorize or reverse Charges or suspend Cards for any reason includingviolation of this section, suspected fraud, or reevaluation of creditworthinessof Company. We are not responsible for losses you incur from declined orreversed Charges.
1.4 Spending Limits
Company spendinglimits are set by Trak.Credit using Company Data including advertisingperformance, spending patterns, financial projections, the nature and historyof Company's business, anticipated use of card, and available funds. We ay notdisclose exact spending limits but may provide guidance identifying whetherspecific transactions or monthly volumes may exceed any spending limits.
Trak.Credit or itspartners will determine a Company Credit Limit and may adjust this CompanyCredit Limit at any point. Debt on a Company Account may not exceed the CompanyCredit Limit. While we may not disclose the Company Credit Limit to you,Charges will reduce the Company Credit Limit and Charges in excess of thespending limits will be denied. Temporary grants to increase either the CompanyCredit Limit or spending limits on specific Cards, where permitted, may notaffect future spending limits.
You are liable forthe entire Debt, including any amounts in excess of the Company Credit Limit.We may require you to pay any Debt that exceeds the Company Credit Limitimmediately, on demand. We may increase or decrease the Company Credit Limit atany time at our sole discretion and without prior notice to you or theCardholder.
1.5 Disputing Charges
You are responsiblefor reviewing your Periodic Statements promptly and identifying any Chargesthat you believe are unauthorized or that you dispute.
Merchants arerequired by the Card Network to provide a receipt for each Charge. Cardholdersshould retain these receipts as evidence for any Disputed Charges.
You will emailNotices to support@Trak.Credit ifyou believe a Charge was made in error or was unauthorized, or if you believethe Periodic Statement contains any errors. You must report any Disputed Chargeor error no more than 60 days after the Disputed Charge is posted to yourCompany Account. The Card Networks do not accept, and we will not process anyDisputed Charges reported more than 60 days after the Disputed Charge or errorposted to your Company Account. Notices for Disputed Charges must specify theCompany, Cardholder, details about the Transaction, and an explanation of yourbelief that the Disputed Charge was made in error or was unauthorized. Theinformation you submit will be reviewed in a commercially-reasonable manner.
The Company Accountis commercial in nature and, thus, the Electronic Funds Transfer Act (EFTA) andRegulation E do not apply to Disputed Charges.
By accepting thisCard Agreement, you assign and transfer to us or our agents any rights andclaims, excluding tort claims, that you may have against a merchant for anyDisputed Charge fully or partially credited to the Company Account.
1.6 Security andResponsibility for Unauthorized Charges
You and Cardholdersare responsible for securing Cards, account numbers and Card security features(including the CVV and PIN). Company is responsible for Charges, fees andpenalties resulting from Cardholders’ failure to exercise reasonable care insafeguarding Cards from loss or theft, or failure to promptly report loss ortheft, and for all other Transactions on Cards issued to Company orCardholders.
1.7 Suspending orClosing your Account
We may close orsuspend a Company Account or any Card, or refuse to authorize any Charge, inour sole discretion and without notice to you. We may condition thereactivation of suspended Cards or the Company Account upon payment of Debt orthe deposit of a reserve amount as determined by us in our sole discretion; ormay require Company to provide information we believe is reasonably necessaryto comply with legal or regulatory requirements.
You may close theCompany Account by providing Notice through your Trak.Credit Account.
2. Fees, Payment, and Penalties
2.1 Fees andPenalties
Associated fees andpenalties are disclosed to you on the Trak.Credit Website before you open theCompany Account and may be adjusted from time to time without notice. Fees andpenalties may include annual fee, initiation fee, periodic fees, foreigntransaction fees, penalties for misuse, and penalties for late or failedpayments. You may also incur fees for Card issuance or replacement, ormaintenance of the Company Account. All fees or penalties owed are in addition toamounts owed for Charges on the Company Account.
We will convertCharges you make in a currency other than in United States Dollars (USD) intoUSD. We will select exchange rates from a range of available exchange ratesavailable on the date the Charges are cleared over the Card Network; therefore,the exchange rate of the Charge may vary from the exchange rate at the time ofthe Transaction.
2.3 Promise to Pay;Entire Balance Due
You promise to paythe Debt as and when payment is due in accordance with the terms of this CardAgreement and the Trak.Credit Terms of Service. This includes all Charges madeby Cardholders, by persons authorized to act on your or a Cardholder’s behalfor given access Cards by Cardholders, regardless of whether a Card isphysically presented for a Charge. You shall pay to us all Debt, no matter howit is incurred, for what it is incurred (even if incurred for a purpose notpermitted under this Agreement), or who has incurred it. You further promise topay all fees or penalties incurred through use of Cards for such Charges.
We can declare theDebt immediately due and payable (such accelerated debt, “Due Debt,” and suchdeclaration, a “Due Debt Event”) on demand where you: (a) fail to pay the fullamount owed under a Periodic Statement when it becomes due; (b) breach orthreaten to breach this Card Agreement; (c) provide any false or misleadinginformation or fail to maintain information as current while this CardAgreement is in effect; (d) you are in default under, or threaten to breach,any other agreement with us; (e) you do or we believe you may cease to exist,take any action to dissolve or wind up your affairs, engage in voluntary orinvoluntary bankruptcy filings or such case is filed by or against you, or areceiver or trustee for the benefit of creditors is appointed for you, or youor we close the Company Account.
In the event of theoccurrence of any Due Debt Event you agree that in our sole discretion we mayat any time (and without any prior notice to you), use any other funds held byus on your behalf (including, without limitation, any funds held in connectionwith your KAPED Pay or KAPED Kapital account(s) which may have been earmarkedor otherwise used to pay third parties including advertisers and Facebook) inorder to pay and settle such Due Debt with us. You agree that we shallhave first priority (and an accompanying lien and first priority securityinterest) with respect to any Due Debt, and that we shall have no obligation orliability in connection with exercising any of our rights hereunder withrespect to such Due Debt, including, without limitation (i) the failure of anadvertiser or other third-party to be paid for their products and services (i.e.due to the use of funds to first pay and settle the Due Debt owed to us), (ii)the suspension, termination of closure of your account(s) with any thirdparties, and (iii) any actions taken by any third parties against you, us orany other party with respect to any such payment failure(s) which may haveresulted due to the application of funds to the payment and settlement of theDue Debt to us. Furthermore, you agree to take all actions reasonablyrequested by us in order to give full legal effect to our rights set forth inthis Section 2.3.
2.4 PeriodicStatements and Payment
All Charges, fees,and penalties incurred on the Company Account will be reflected in yourPeriodic Statement and made available to you through your Trak.Credit Account.You will pay all amounts in the Periodic Statement as directed through your Trak.CreditAccount or as otherwise directed by Trak.Credit. You will pay all amounts owedin USD.
A Company Account maybe in default where you breach this Card Agreement, do not pay amounts owedwhen due, or file for dissolution or bankruptcy; where you open or maintain theCompany Account using inaccurate or false information; or where you pose anunacceptable regulatory or financial risk to us or third parties.
If we determine thatthe Company Account is in default, the Company Credit Limit may be reduced,Charges may not be authorized, new Cards may not be issued, and we may deem allamounts immediately due even before the end of statement period.
2.6 Failure to Payand Collections
You will pay allreasonable costs, including legal fees, we may incur while collecting amountsowed by Company under this Card Agreement. For the purposes of collections ofamounts owed, Trak.Credit is a third-party beneficiary authorized to pursuecollections of all amounts you may owe under this Card Agreement. You agree topay all costs and disbursements, including reasonable attorney fees, incurredby us to collect the Debt or to enforce your obligations under this Agreement.
If you fail to paythe full amount owed on time, we may attempt to collect amounts owed from anyLinked Account that is currently or was previously linked. We may collectpartial payments for unpaid amounts from any Linked Account that is currentlyor was previously linked, but any partial payment is not a waiver of our rightsand will not satisfy your obligation to pay in full.
2.7 Security Interestand Setoff
To secure the Debt,you hereby grant us a security interest in and a right of setoff against allamounts and property of yours now or hereafter in possession of or on depositwith us, whether held in general or special account or deposit or forsafekeeping or otherwise. The forgoing is subject to any limitations imposed byapplicable federal or state law and in addition to other remedies available tous.
Every such securityinterest and right of setoff may be exercised without demand upon or notice toyou. No security interest or right of setoff will be deemed to have been waivedby any act or conduct on our part, or any failure to enforce such securityinterest or to exercise such right of setoff, or by any delay in doing so.Every security interest and right of setoff will continue in full force andeffect until such security interest or right of setoff is specifically waivedor released by an instrument in writing executed by us. This right will existeven if we do not exercise it prior to the making, filing, or issuance of anarbitration demand, court order, or other action.
If you have otherloans from us, or if you take out other loans with us in the future, collateralsecuring those loans will also secure your obligations under this Agreement,unless we otherwise agree in writing.
2.8 Payment ReserveAccount
Trak.Credit mayprovide a Reserve Account to fund your cards payment volume and/or secure theobligations to us that you incur in connection with your Account. You mustmaintain a minimum reserve balance with our bank partners of at least threetimes the largest daily settlement amount in the preceding thirty (30) days. Wewill provide an initial amount prior to your account being created. Wewill maintain separate records for your Payment Reserve Account. We will notsend statements for the Payment Reserve Account. We may request fundsperiodically to meet the minimum balance requirements. We may take up to 45days to return any excess reserves to you if you decide to not access the fundswith cards. We will not pay interest on the Payment Reserve Account
3. Additional Terms
3.1 Notices and Communications
Youconsent to accept Notices electronically and understand this has the same legaleffect as a physical signature. We may send Notices to your Trak.Credit Accountor to the Cardholder email addresses or phone numbers maintained in your Trak.CreditAccount. You agree to keep all contact information in your Trak.Credit Accountcurrent.
Noticesare considered received 24 hours after delivered to you. To properly receiveelectronic Notices, you must keep all software on devices up-to-date (such ashaving a modern browser and all updates installed). You are responsible forcosts issued by internet or mobile service providers for sending or receivingthese Notices.
Youunderstand that acceptance of electronic Notices is required under this CardAgreement and that you may only withdraw this consent by closing the CompanyAccount.
3.2 Limitations of Liability
Trak.Creditis not liable to you for consequential, indirect, special, punitive, putative,or exemplary damages, lost profits or revenues, reputational harm, physicalinjury or property damage arising from or related to your Trak.Credit Account,your use or inability to use Services or Cards; whether or not we were advisedby you or third parties, unless prohibited by applicable law or rules.
3.3 Representations, Warranties, and Covenants
Yourepresent, warrant, and covenant that (a) Company is duly organized and isvalidly existing and in good standing under the laws of its state oforganization, is duly qualified to do business or conduct its affairs in eachjurisdiction where it does business or conducts its affairs, and has the fullpower and authority to carry on its business or affairs as presently conducted;(b) you have full power, capacity, and authority to enter into and perform allobligations under this Card Agreement; (c) entering into and performing allobligations under this Card Agreement are not inconsistent with any of theCompany’s governing documents, and do not and will not contravene any provisionof or constitute a default under any contract or other instrument bindingCompany; (d) all information that you have provided and will provide at anytime in the future to us is and will be accurate, and upon request, anappropriate officer of the Company will certify the accuracy of all suchinformation regarding the Company; and (e) at our request you will deliver in aform acceptable to us any legal documents, financial statements, or otherinformation we may reasonably require to verify the representations andwarranties contained in this paragraph. You agree to notify us promptly of anysignificant change in your business or affairs that has or may have a materialadverse effect on your ability to perform your obligations hereunder.
3.4 Relationship of the Parties
BothCompany, Cardholder and Administrator agree that you are jointly and severallyobligated to pay all amounts owed to us by either of you in connection withthis Agreement regardless of the other of you. However, the total amount thatwe collect from both of you cannot exceed the total amount owed in connectionwith this loan. Any authorization, notice, or other communication that eitherof you provide to us is effective for both of you.
3.5 Governing Law
ThisCard Agreement is entered into and the Company Account is held in CaliforniaState. California and US Federal law govern this Card Agreement, the CompanyAccount, and your use of Cards, and apply without respect to the internalprinciples of conflicts of laws. However, when federal law applies, federal lawwill be used instead of laws of California State. If any part of the Agreementis unenforceable, this will not make any other part unenforceable.
3.6 Jurisdiction, Waiver of Jury Trial
Youwaive any objection to jurisdiction or venue on grounds that you are notresidents of the county or state where our offices are located. You authorizeus to bring any action to enforce your obligations under this Agreement in anystate court having jurisdiction or in the United States District Court for anyDistrict where our offices are located. You agree that we may select the courtin our sole discretion. You and we hereby knowingly and voluntarily waive, tothe fullest extent permitted by law, any right to trial by jury of any dispute,whether in contract, tort, or otherwise, arising out of, in connection with,related to, or incidental to this Agreement or the Account.
3.7 Changes to this Card Agreement
We canchange any of the terms of this Card Agreement at any time by providing Noticeat least seven (7) days prior to the effective date of the changes; provided,however, that we may only make changes to fees thirty (30) days prior to theeffective date of the changes. If you use your Card after the effective date,you will be considered to have agreed to the new terms even if you have sentNotice to us. At our option, we may also make any such change if you elect touse your Account after the effective date of the amendment. Changes, which wemake, can apply to all outstanding Debt and to any future transactions on theCompany Account.
3.8 No Waiver of Trak.Credit Rights
Anywaiver, modification, or indulgence provided to Company, of any kind or at anytime, only applies to the specific instance involved. It is not a generalwaiver or a waiver, modification, or indulgence under this Card Agreement for anyother or future acts, events, or conditions. Any delay by us in enforcing itsrights does not forfeit our rights under this Card Agreement.
We maytransfer, sell, or assign the Company Account, this Card Agreement, or anyother rights or obligations under this Card Agreement without providing youNotice. You may not transfer, sell, or assign the Company Account, Cards, orthis Card Agreement or any obligations under this Card Agreement to anotherperson or entity.
3.10 Entire Agreement
ThisCard Agreement constitutes the entire understanding between you and Trak.Creditfor issuance of Cards. No other agreements, representations, or warrantiesother than those provided in this Card Agreement are binding unless in writingand signed by Trak.Credit.
Thecapitalized words in this Card Agreement are defined as follows:
“Administrator”means the person specified by the Company to manage Cards issued to the Companyand is authorized to act on the Company’s behalf.
“Balance”means all amounts charged to the Company Account at any time, includingCharges, fees, attorneys’ fees or collection costs, and any other fees orCharges that we are permitted to add to the Company Account by this Agreementor otherwise.
“Card”means a physical or virtual corporate payment card with a unique sixteen (16)digit number issued to a Cardholder under the Company Account.
“CardAgreement” means this Trak.Credit Card Agreement as modified or any subsequentagreements governing your use of Cards issued by Trak.Credit or its partners.
“Cardholder”means the employee or other person to whom Cards are issued and is authorizedto transact on Company’s behalf.
“CardNetwork” means the payments card network operated by Visa and/or Mastercard.
“Charge”means the payment for a Transaction using a Card over the Card Network.
“Chargeback”means the reversal of a Charge arising from a Disputed Charge.
“Company”and “you” means the company holding a Trak.Credit Account that has or isapplying to have Cards issued to Cardholders.
“CompanyAccount” means the account and records, including the Company Spending Limit,maintained by Issuer for Company including all its Cardholders.
“CompanyCredit Limit” means the spending limited that is established for all Cardsissued to the Company.
“Debt”means any indebtedness that is owed by you and/or in connection with yourCompany Account.
“DisputedCharge” means a Charge that you report as erroneous or unauthorized.
“Trak,we, us, our, and ours” refer to Trak Technologies Incorporated d/b/a Trak.Credit
“Trak.CreditTerms of Service” means the agreement between you and Trak.Credit for the useof Trak.Credit Services available on the Trak.Credit Website.
“Trak.CreditServices” means expense and corporate card management, reporting, and otherservices provided by Trak.Credit or its partners.
“Trak.CreditAccount” means your account with Trak.Credit for use of the Trak.CreditServices.
“Trak.CreditWebsite” means the Trak.Credit website located at https://Trak.Credit.
“Notices”means any notices and communications under this Card Agreement whether sentphysically or electronically.
“PeriodicStatement” means a periodic report detailing Charges and amounts owed orcredited to the Company Account during each 30-day period.
“ProhibitedActivity” means any activities included on the Trak.Credit Prohibited ActivityList.
“Transaction”means the agreement between the Company or Cardholder and a merchant for theexchange of goods or services.
NMLS ID: 2283025
Main Corporate Office:
571 W La Habra Blvd
La Habra, CA 90631
Visit nmlsconsumeraccess.org for a list of all licenses managed by the Nationwide Multistate Licensing System & Registry,
Other state licenses held by KAPED, Inc.:
South Dakota Business Entity
Connecticut Insurance Producer
Idaho Non Resident Producer
Mississippi Insurance Producer Agency
Arizona Non Resident Insurance Producer
Colorado Non Resident Producer
Maine Non Resident Producer Agency
Arkansas Insurance Producer
Virgina Producer Property and Casualty
Texas Non Resident General Lines Agency
California Resident Insurance Producer Property & Casualty