OnTrack Agent! Terms of Service

Last Updated 08/21/2022

OnTrack Agent is an online digital hub for real estate agents and trainers to find and learn from each other as well as build communities of support. These terms govern how we operate to provide the best experience possible while achieving the goals of our mission.

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and OnTrack Agent LLC (“we,” “us” or “our”), concerning your access to and use of the OnTrack Agent website and platform, and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).

Use of the Service (including access to the Content) is subject to compliance with these Terms of Service which incorporate by reference our Privacy Policy available here (“Privacy Policy”). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service.

Supplemental Terms of Service or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted.

We hope that you will continue using our Service, but if you do not agree to our updated Terms of Service and/or no longer want to be a part of the OnTrack Agent community, you can delete your account at any time by Contacting Us and requesting that we delete your account.

The information provided through the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We are not responsible for, and expressly disclaim all liability in connection with, your access to the Service from outside of the United States.

Your Use of the Service

Accessing the Service. You can access the Service as either a person providing real estate training videos, advice, or consultations (a “Trainer”) or as a person desiring to watch real estate training videos, obtain advice, or consult with a Trainer (an “Agent”).

User Registration. In order to use OnTrack Agent, you are required to register with the Service and create an account. In order to upload any training content to the Service or offer any consulting services through the Service, you will first need to sign up for a Trainer Account. If you only wish to watch or interact with any Content through the Service, you need to sign up for an Agent Account. When signing up for an account, you agree to use the same name that you use in everyday life, provide accurate information about yourself, and create only one account (your own). You also agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Registration with OnTrack Agent is limited to the following individuals or entities:

Any person with a real estate license;
Any person who trains on a segment of real estate that meets our technical requirements;
Any lender with a license;
Any financial adviser with a license;
Any person with finance or business coaching experience.

Prohibited Users. We try to make OnTrack Agent broadly available to everyone, but you cannot use OnTrack Agent if:

You’re under 18 years of age;
We’ve previously disabled your account for violations of our Terms or Policies;
You are prohibited from accessing or using the Service under applicable laws;
You have demonstrated fraudulent, discriminatory, or inflammatory behavior;
You upload Content that is found to be plagiarized or under copyright infringement;
You burden or impede OnTrack Agent’s ability to deliver the intended user experience;
You collect data for sale to a third party, collect data of any kind without permission, use automation services to collect or access data; or
You upload Content that is misleading or fraudulent.

Content

Content on the Service. The content on the Service includes videos, audio, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, OnTrack Agent, or a third-party (including a Trainer) (collectively, “Content”). Content is the responsibility of the person or entity that provides it to the Service. OnTrack Agent is under no obligation to host or serve Content. If you see any Content you believe does not comply with these Terms of Service, including by violating the law, you can report it to us here.

Viewing Content. Once you have signed up for an account to use the Service as an Agent, you are granted a non-exclusive, limited, revocable license to access and use the Service, including to access and view the Content on a streaming-only basis, to purchase event tickets, books, and other materials solely for your personal, non-commercial use.

Uploading Content. If you sign up as a Trainer, you are solely responsible for ensuring that for all Content that you upload to the Service, you either have the required ownership rights or license to be able to upload such Content for display and use on the Service. You agree not to upload, store, distribute, send, transmit, display, perform, share, or make available to the public any Content in which you are not the owner or hold the necessary rights. Any such infringement may result in termination of your access to the Service.

You will retain ownership rights in your Content. However, in order for OnTrack Agent to provide the Service, we need you to give us legal permission, or license, to use your content that you upload. By uploading or providing content to us or the Service, you grant to (i) OnTrack Agent a worldwide, exclusive, royalty-free, sub- licensable, and transferable license to reproduce, display, perform, make available, and otherwise use such content in connection with the Service, and (ii) each user of the Service a worldwide, non-exclusive, limited license to access, display, use, and view your Content solely through the Service. For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

By uploading or posting your Content on the Service, you initiate an automated process that allows your Content to be stored on our servers from which you control and authorize the use of your Content.

You agree that all Content that you upload to the Service (including all blogs and videos) will be original content to OnTrack Agent and not posted anywhere else.

You further agree that we may update and modify our software and systems at any time as we see fit in order to improve the user experience.

You may remove your Content from our Service at any time, at which point the license to the Content granted by you under these Terms of Service will automatically terminate. You must remove your Content if you no longer have the necessary rights to provide us with the license required by these Terms of Service.

Assumption of Risk. We take commercially reasonable precautions to ensure the safety and security of all Content on the Service. However, we cannot guarantee that third parties will not gain access to, download, copy, or otherwise use any Content (including Content that you upload) via hacking or other cybercrime. By uploading your Content to the Service, you acknowledge and agree that (i) you are assuming the risk that your Content could be obtained or copied by third parties and (ii) OnTrack Agent shall have no liability to you in relation to the misappropriation of your Content.

We also try to ensure that the Content provided on the Service will be valuable and useful to Agents and that Trainers are properly licensed and sufficiently experienced. However, we cannot guarantee that any of the Content will be improve your business or make you a better real estate agent or that a consultation with any Trainer will be beneficial in any way. By viewing, interacting with, or purchasing any Content, you acknowledge and agree that you are assuming that (i) you are assuming the risk that the any Content viewed interacted with, or purchased could be flawed, erroneous, useless, or impractical and (ii) OnTrack Agent shall have no liability to you in relation to any Content or your viewing, interaction with, or purchase thereof.

Content Quality. We use various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for supported Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.

Removal of Content by Us. OnTrack Agent reserves the right to remove or restrict any content or product on our site. We will communicate with you the reason why and allow an opportunity to remedy the situation on your end. This includes the inability to meet our technical quality standards, harm our community of users, compromise or interfere with the quality of our systems, products or services.

Your Responsibilities

In order for us to keep the Service safe and available for everyone to use, we all have to follow the same rules of the road. You agree to observe all restrictions identified in these Terms of Service, including without limitation agreeing not to use the Service in a way that:

violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame, or link to the Service (including the Content) that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Content);
involves accessing the Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
either directly or through the use of any device, software, internet site, web-based service, or other means removes, alters, bypasses, avoids, interferes with, or circumvents any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the Service, including our servers, computer network, or user accounts;
uses the Service to advertise or promote services that are not expressly approved in advance in writing by us;
collects information in violation of our Privacy Policy;
collects information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
furthers any means of fraudulent activity, including identity theft;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms of Service or any guidelines or policies posted by us;
interferes with any other party’s use and enjoyment of the Service; or
attempts to do any of the foregoing.

We reserve the right to immediately terminate or restrict your account or your use of the Service at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached these Terms of Service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Of course, we would prefer to avoid such termination; we may use technical measures to block or restrict your prohibited access to or use of the Service, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to us and that the amount of such harm would be extremely difficult to measure.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Site”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Site and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Your use of the Service does not grant you any right or license to reproduce or otherwise use any Marks. We reserve all rights not expressly granted to you in and to the Service, the Site, and the Marks.

Liability

We work hard to constantly improve and expand the Content on the Service and make it as useful, beneficial, and valuable as possible. However, we can make no guarantees or warranties related to the Service.

Warranty Disclaimer. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OF SERVICE OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND ONTRACK AGENT DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE (INCLUDING THAT THE SERVICE WILL BE SAFE, SECURE, OR ERROR-FREE OR THAT THE CONTENT DOES NOT VIOLATE OR INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS); (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation on Liability. We do not control or direct what users of the Service (including Agents and Trainers) do or say, and we are not responsible for their actions or conduct (whether online or offline) or any Content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Trainers are solely responsible for any Content that they upload to, share through, or offer through the Service, and OnTrack Agent specifically disclaims any liability in relation to your use of the Content. In addition, you acknowledge and agree that we shall not have any liability with respect to your Content, including but not limited to any violation of third party intellectual property rights.

EXCEPT AS REQUIRED BY APPLICABLE LAW, ONTRACK AGENT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
THE LOSS, DAMAGE, MISAPPROPRIATION, OR THEFT OF ANY OF YOUR CONTENT UPLOADED TO THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CLAIM THAT THE CONTENT OR ANY USE OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS;
ANY CONTENT WHETHER SUBMITTED BY A USER OR ONTRACK AGENT, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

ONTRACK AGENT AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF MONEY THAT YOU HAVE PAID IN CONNECTION WITH YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO ONTRACK AGENT, OF THE CLAIM; AND (B) USD $500.

Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless OnTrack Agent and its Affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and your use of the Service.

Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the OnTrack Agent Application (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the State of Oregon. You also agree to submit to the personal jurisdiction for the purpose of litigating any such claim, and that the laws of the State of Oregon will govern these Terms of Service and any claim, without regard to conflict of law provisions.

Miscellaneous

Severance. If it turns out that a particular term of these Terms of Service is not enforceable for any reason, this will not affect any other terms.

No Waiver. If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Contact. You can contact us for any reason either through email at info at ontrack agent .com or at the following address: 1926 W Burnside Street. #1215 Portland, Oregon 97206

Privacy Policy

Personal Information

By joining the OnTrack Agent Community, you agree to share certain personal information and identification with the OnTrack Agent administrators and other members of the OnTrack Agent community.

Collection Process

When you create an account with OnTrack Agent, we may ask you for information like your name, location, your email address, and phone number so that we can contact you or follow up with user questions.

We generally do not seek data that may be considered “special” or “sensitive” personal data (e.g., government-issued identification numbers or information related to an individual’s racial or ethnic origin, political opinions, religious or other beliefs, health, criminal background, or trade union membership) from visitors of this Site, and we ask that you do not provide such data. If we specifically require “special” or “sensitive” personal data in connection with one or more of the uses described below, we will request your consent to use the data in accordance with this Privacy Statement and/or in the ways described at the point you were asked to disclose the data. If you voluntarily share with us or post/upload any “special” or “sensitive” personal data to this Site for any other reason, you consent that we may use such data in accordance with applicable law and this Privacy Statement.

Usage

We use data about you for the purpose(s) for which it was collected or provided to us (as stated at the point of collection) or as otherwise obvious from the context of collection. We may also use data to:

Administer and manage this Site, communicate with you about this Site, process your request for information, or otherwise complete a transaction or service you request or authorize;
Customize or personalize your user experience and the content we deliver to you, including to provide you with content that is more relevant to you;
Contact you about OnTrack Agent’s products and services, provide you with promotional materials or offers for products/services from OnTrack Agent, or send you other communications about OnTrack Agent’s business and events (including communications based on your interests, personal and business characteristics, and location) (collectively, “marketing communications”). We may provide these communications and offers via email, postal mail, online, social media platforms, text messages, and other means;
Carry out our internal business purposes, such as corporate transactions, audits, and data analysis; conduct research and analytics about your use of this Site and interaction with us; develop new products; improve this Site and our existing products and services; identify usage trends; assess the performance of our advertisements; optimize our advertising campaigns; and determine the effectiveness of our communications;
Protect the rights, safety, property, or operations of one or more OnTrack Agent affiliates, you, or others;
Comply with applicable law and/or respond to requests and communications from law enforcement authorities or other government officials.

Note that you may unsubscribe from an OnTrack Agent mailing list at any time by clicking on the ‘unsubscribe’ link in any of our marketing communications to you. After you unsubscribe, we will not send you further marketing communications, but we may continue to contact you to the extent necessary for the purposes of any services you have requested.

Administer and manage this Site, communicate with you about this Site, process your request for information, or otherwise complete a transaction or service you request or authorize;
Customize or personalize your user experience and the content we deliver to you, including to provide you with content that is more relevant to you;
Contact you about OnTrack Agent’s products and services, provide you with promotional materials or offers for products/services from OnTrack Agent, or send you other communications about OnTrack Agent’s business and events (including communications based on your interests, personal and business characteristics, and location) (collectively, “marketing communications”). We may provide these communications and offers via email, postal mail, online, social media platforms, text messages, and other means;
Carry out our internal business purposes, such as corporate transactions, audits, and data analysis; conduct research and analytics about your use of this Site and interaction with us; develop new products; improve this Site and our existing products and services; identify usage trends; assess the performance of our advertisements; optimize our advertising campaigns; and determine the effectiveness of our communications;
Protect the rights, safety, property, or operations of one or more OnTrack Agent affiliates, you, or others;
Comply with applicable law and/or respond to requests and communications from law enforcement authorities or other government officials.